moira shire agenda - 27 april 2015

COUNCIL AGENDA

27 April 2015

Discover Moira

ENRICHING LIFE ON THE MURRAY

Moira Shire Council Page 1 of 226

44 Station Street Cobram Vic 3644

www.moira.vic.gov.au [email protected]

AGENDA

ORDINARY MEETING OF COUNCIL FOR

MONDAY 27 APRIL 2015 TO BE HELD AT PRESIDENTS ROOM, NUMURKAH TOURIST INFORMATION CENTRE,

MELVILLE STREET NUMURKAH COMMENCING AT 6:00 PM

1. CALLING TO ORDER - CEO

2. PRAYER

Almighty God we humbly ask you to guide our deliberations for the welfare and benefit of the Moira Shire and its people whom we serve.

Amen

3. ACKNOWLEDGEMENT OF COUNTRY

We, the Moira Shire Council, would like to acknowledge the traditional owners of the land upon which we meet and pay our respects to their Elders both past and present.

4. APOLOGIES & REQUESTS FOR LEAVE OF ABSENCE

5. DECLARATION UNDER ACTS, REGULATIONS, CODES OR LOCAL LAWS

6. DECLARATION OF ANY INTEREST OR CONFLICT OF INTEREST

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Recommendation: “That the minutes of the Ordinary Council Meeting held on Monday, 23 March 2015, as circulated, be confirmed.”

8. COUNCILLOR REPORTS

NIL

ORDINARY COUNCIL MEETING MONDAY 27 APRIL 2015


9. OFFICER REPORTS FOR DETERMINATION

9.1 CORPORATE

9.1.1 MOIRA SHIRE COUNCIL 2015/2016 DRAFT BUDGET 4

9.1.2 FINANCIAL POSITION REPORT AS AT 31 MARCH 2015 42

9.1.3 COUNCIL PLAN 2013/14 - 2016/17 INCLUDING STRATEGIC RESOURCE PLAN ANNUAL REVIEW 48

9.1.4 COMMUNITY AND EVENTS GRANTS SCHEME 2014/2015 - ROUND 2 51

9.2 INFRASTRUCTURE

9.2.1 LOTT STREET, YARRAWONGA PETITION 57

9.2.2 REQUEST TO INITIATE HERITAGE SCHEME AMENDMENT AND ADOPT DRAFT HERITAGE STUDY. 65

9.2.3 PLANNING PERMIT APPLICATION NO.5/2014/906 - TELECOMMUNICATION FACILITY, 17 FREEMANS ROAD, BEARII 114

9.2.4 APPLICATION TO AMEND PLANNING PERMIT 5/2010/123 - INDUSTRIAL BUILDING EXTENSION - 86 KAROOK STREET COBRAM 166

9.2.5 PLANNING PERMIT APPLICATION FOR THE USE AND DEVELOPMENT OF LAND AT 40 LYNCH STREET YARRAWONGA FOR A STUDENT ACCOMMODATION 172

9.2.6 PROPOSAL TO DISCONTINUE HAMILTON LANE COBRAM 200

10. OFFICER REPORTS FOR INFORMATION AND DECISION

10.1 CORPORATE

10.1.1 ASSEMBLIES OF COUNCILLORS 203

10.2 INFRASTRUCTURE

NIL

11. ACTION OFFICERS LIST

11.1 ACTION OFFICERS LIST 213

12. NOTICES OF MOTION

12.1 NOTICE OF MOTION - CR MANSFIELD 223

13. PETITIONS AND JOINT LETTERS

NIL

14. COUNCIL SEAL

NIL

15. GENERAL BUSINESS 224

ORDINARY COUNCIL MEETING MONDAY 27 APRIL 2015


16. QUESTIONS FROM PUBLIC GALLERY 225

17. MEETING ADJOURNMENT 226

18. CONFIDENTIAL BUSINESS

19. CONFIDENTIAL ACTION OFFICERS LIST

20. URGENT OR GENERAL CONFIDENTIAL BUSINESS

21. CLOSE OF MEETING

MARK HENDERSON CHIEF EXECUTIVE OFFICER

CORPORATE OFFICER REPORTS FOR DETERMINATION

ORDINARY COUNCIL MEETING MONDAY, 27 APRIL 2015

FILE NO: 0001 6. GOVERNANCE

ITEM NO: 9.1.1 (FINANCE MANAGER, WARREN BROWN) (GENERAL MANAGER - CORPORATE, LEANNE MULCAHY)

MOIRA SHIRE COUNCIL 2015/2016 DRAFT BUDGET


RECOMMENDATION

That Council:

1. endorse the Draft 2015/16 Budget as presented; 2. authorise the Chief Executive Officer to:

i. give public notice of the preparation of the Draft 2015/16 Budget in accordance with section 129(1) of the Local Government Act 1989; and

ii. invite submissions in accordance with section 223 of the Local Government Act 1989;

3. form a committee of the whole of Council to hold a meeting at 6.00pm on Tuesday 9 June

2015 at the Cobram Civic Centre to hear any person wishing to be heard in support of their submission on any proposal contained in the Draft 2015/16 Budget in accordance with section 223 of the Local Government Act 1989;

4. consider all written submissions on any proposal contained within the Draft 2015/16

Budget; 5. consider a recommendation to adopt the 2015/16 Budget with or without amendment at

the Ordinary Council Meeting to be held at 6.00pm on Monday 22 June 2015;

1. Executive Summary

This report seeks Council’s authorisation to commence community consultation on the Draft 2015/16 Budget. The Draft 2015/16 Budget supports the goals identified in the Council Plan and further demonstrates Council’s commitment to prudent sustainable financial management. The Draft Budget supports Moira’s adjustment to a significantly changed financial operating environment. It responds to reductions in Victorian and Federal grant funding during 2015/16 and lays the foundations for the anticipated introduction of rate capping in 2016/17. The Budget proposes

Maintains operating expenditure at 2014/15 levels except where contractual commitments obligate Council to fund increases;

Further reduction of Council debt;

No additional borrowings proposed

Conservative increase of 4% in general rates, municipal and waste charges;

No increase to Kerbside organic waste collection charge but the charge will now apply to the full year;

Capital investment program of $11.56 million which includes $1.65 million of new initiatives and $1.50 million of projects carried over from 2014/15 financial year

. Council has limited capacity to immediately respond to rate capping because more than half of our annual expenditure is defined by existing legislation, regulations, standards and legal agreements – from Councillor entitlements to depreciation, interest on borrowings and employee costs. Our flexibility is further limited by the continuing transfer of State and Federal





MOIRA SHIRE COUNCIL 2015/2016 DRAFT BUDGET (cont’d)


Government responsibilities to Local Government with little funding, along with the increasing rigor and reach of regulations, codes and standards for the operation, maintenance and construction of public assets and delivery of services.The 2015-2016 Budget will maintain service levels to the community and deliver a capital works program of $11.55m. In Summary, the proposed 2015-16 Capital Budget of $11.56m includes:

‘Renewal’ projects totalling: $6.62m e.g Pavements, Footpaths, Road re-sheeting, Kerb & Channelling, Bridges & Drainage across the Shire - $4.1m; Light & Heavy Plant Replacement - $950k

‘Upgrade’ projects totalling: $2.49m e.g Traffic works in Picola , Numurkah & Katunga - $1.1m; Car Park, Yarrawonga - $110k; Yarrawonga Aerodrome - $500k

‘Expansion’ projects totalling: $2.65m e.g Cobram Library $1.6m The proposed capital funding to offset the Capital Budget of $11.55m comprises:

External grants: $4.53m

Community Contributions: $160k

Asset Sales: $100k

Cash from Council Operations: $6.76m Council is required to adopt an Annual Budget under the provisions of the Local Government Act 1989. Approval of this recommendation will allow Council commence community consultation in accordance with Section 223 of the Local Government Act. Residents and other interested members of the community will be invited to view and make comments and submissions on this Draft Budget by 27 May 2015. A special meeting for Council will be scheduled for 9 June 2015 for Council to receive public submissions on the proposed 2015/16 budget. The Annual Budget will be considered for adoption at the Ordinary Meeting of Council on 22 June 2015. Council’s 2015/16 budget must be submitted to the Minister by 30 June 2015.

2. Discussion

Council has prepared a Draft Budget for the 2015/16 financial year which seeks to balance the demand for services and infrastructure with the community’s capacity to pay and also the major challenges facing Council. These challenges include continuing to:

Lay a platform in readiness for rate capping in 2016/17;

Maximise Council’s funding opportunities in light of the removal of some Federal and State funding programs;

Reduce Council’s indebtedness level;

Maintain adequate liquidity levels;

Improve community consultation and development;

Sustainably renew infrastructure assets (roads, culverts, bridges);

Improve service levels where possible, while maintaining service levels in other areas in the face of increasing costs;







Contain waste management costs;

Apply appropriate strategic land use planning to manage growth and infrastructure development;

Responsibly manage the expenditure for facilities renewal, such as buildings; and

Fund capital expansion.

Key budget information is provided below regarding the rate increase, year-on-year comparisons (total revenue, total operating expenditure, operating result, capital works, financial position, financial sustainability and Council’s key strategic activities.

Rates

Council’s required general rate and municipal charge revenue from 2015/16 is $33.25m. This represents a 4% increase in rates over 2014/15. The revenue generated through this rate increase will go towards major capital works programs such as maintaining roads and bridges, drainage improvements, maintaining service to the community in general and meeting the cost of a number of external influences, such as the increase in insurance, affecting the operating budget in line with Council’s rating strategy.







Operating Result

OPERATING RESULT YEAR-ON-YEAR COMPARISON Amt in 000'

The total operating result for 2015-2016 is a $1.84m surplus which represents a decrease of $1.0m in surplus over 2014-2015. Main reasons being lower increase in rate revenue in preparation for rate capping, the reduction in grant funding year on year combined with absorbing CPI increases in contractual arrangements.







Services

The net cost of services delivered to the community for the 2015-16 year is expected to be $35.6m an increase of $1.6m on 2014/15. This is primarily due to increases in contract related costs. The net cost of services is the total operating cost of services delivered less income directly attributable to those services, such as fees.







Cash and Investments

Cash and investments are expected to decrease by $1.0m during the year 2015-2016 to $13.67m as at 30 June 2016. This net cash outflow reduction is mainly due to the need to for Council to fund $6.76m of Capital budget for 2015-2016







Capital works

The capital works program for the 2015/16 year is expected to be $11.56m. This includes projects funded in prior years carried forward into 2015/16 of $1.50m. The capital expenditure program has been set and prioritised based on a rigorous process of professional review using Council’s Projects Assessment Committee and consultation. This has enabled Council to assess needs and develop sound business cases for each project. Below is a summary of the capital works program by asset class







Financial position (net worth)

Net assets (net worth) will increase by $1.84m as at 30 June 2016, which is mainly due to increase in fixed assets offset by repayment of bank borrowings







Financial sustainability

A high level Strategic Resource Plan for the years 2015/16 to 2024/2025, has been developed to assist Council in adopting a budget within a longer term prudent financial framework. The key objective of the Plan is financial sustainability in the medium to long term, while still achieving the Council’s strategic objectives as specified in the Council Plan.

The underlying result is a measure of financial sustainability. This measure is the operating result reduced for the contributed assets as a percentage of the underlying revenue, which is total revenue plus proceeds of sale of assets less contributed assets. Council projects a decreasing underlying result for 2015/16.







Indebtedness

A significant measure of financial sustainability is indebtedness. The indebtedness ratio measures Council’s ability to meet its obligations in regard to non-current liabilities, which includes loans and provision for landfill rehabilitation. This measure is total non-current liabilities as a percentage of own source revenue. Own source revenue is total revenue plus written down value of assets sold, less grants and less sale of land held for resale. Council aims to target an indebtedness ratio of 40% or lower which Council will achieve in 2015-2016. This will mean, it will be in the Victorian Auditor General Office’s low risk category of having financial sustainability concerns.







Typical Rates Scenarios

Typical Customer Scenarios 2015/16 Proposed Budget

How much will my rates increase?

Residential Building not in major centre (valued at $191,000)

2014-2015 2015-2016 Change

Residential Building $734.78 $764.38 4.00%

Residential Building -Municipal Charge $305.65 $317.85 4.00%

Environmental Levy $206.50 $214.75 4.00%

Garbage Service $98.65 $102.60 4.00%

Recycling Charge

$88.95 $92.50 4.00%

CFA Residential $100.00 $100.00 0.00%

CFA Residential Levy $21.97 $21.97 0.00%

Total $1,556.50 $1,614.05 3.70% $57.55

Residential Building in Cobram, Nathalia, Numurkah and Yarrawonga (valued at $191,000)

2014-2015 2015-2016 Change

Residential Building $734.78 $764.38 4.00%

Residential Building -Municipal Charge $305.65 $317.85 4.00%

Environmental Levy $206.50 $214.75 4.00%

Garbage Service $98.65 $102.60 4.00%

Recycling Charge

$88.95 $92.50 4.00%

Organic waste charge* $56.00 $97.20

CFA Residential $100.00 $100.00 0.00%

CFA Residential Levy $21.97 $21.97 0.00%

Total including new service $1,612.50 $1,711.25 6.12% $98.75

* In 2014/15 the organics service charge applied for 7 months, in 2015/16 the service will be available for 12 months.

Farm Building (valued at $441,000)

2014-2015 2015-2016 Change

Farm Building $1,696.53 $1,764.88 4.00%

Farm Building - Municipal Charge $305.65 $317.85 4.00%

Farm Building - Environmental Levy $206.50 $214.75 4.00%

Garbage Service $98.65 $102.60 4.00%

Recycling $88.95 $92.50 4.00%







Charge

CFA Primary Production $200.00 $200.00 0.00%

CFA Primary Production Levy $137.59 $137.59 0.00%

Total amount due $2,733.87 $2,830.17 3.52% $96.30

Commercial Building

(valued at $237,000) 2014-2015 2015-2016 Change

Commercial Building $1,276.72 $1,327.67 4.00%

Commercial Vacant -Municipal Charge $305.65 $317.85 4.00%

Commercial Building - Environmental Levy $206.50 $214.75 4.00%

Garbage Service $98.65 $102.60 4.00%

Recycle Service $88.95 $92.50 4.00%

CFA Commercial $200.00 $200.00 0.00%

CFA Commercial Levy $258.80 $258.80 0.00%

Total Amount Due $2,435.27 $2,514.17 3.24% $78.90







Where rates are spent

The chart below provides an indication of how Council allocates its expenditure across the main services that it delivers. It shows how much is allocated to each service area for every $100 that Council spends.







Strategic objectives

The Draft Budget 2015/16 includes a range of activities and initiatives to be funded that will contribute to achieving the six strategic goals specified in the Council Plan with a particular focus on the environment, community, development (liveability), organisation, infrastructure and governance while pursuing an ongoing dialogue with the community and maintaining a sound financial position.

1. Environment

Strategic Intent

Moira will responsibly manage its environment and the communities affected by and living in that environment through innovation, leadership, quality services, partnerships and program delivery and accountability.

2. Community

Strategic Intent

Moira will be a Shire where all its people and communities are happy, healthy and safe with the ability and the opportunity to integrate, participate, connect and contribute to their communities. Moira will responsibly manage its environment and the communities affected by and living in that environment through innovation, leadership, quality services, partnerships and program delivery and accountability.

3. Development (liveability)

Strategic Intent

Moira will be a great place to live and a vibrant, thriving community and a premier tourist, retail and investment destination with growing local business and an adaptive, entrepreneurial infrastructure and ethos.

4. Organisation

Strategic Intent

Moira will be a ‘best practice’ environment promoting staff potential and organisation capacity to deliver timely, efficient services and ensure sound financial, risk management, governance and transparent business practise are conducted by capable, professional people whose main focus is on pro-active service delivery.

5. Infrastructure

Strategic Intent

Moira will be a desirable place to live, work and visit in North Central Victoria supported by its infrastructure, assets and facilities. It will proactively fund, maintain and develop Council’s assets and facilities to meet its community’s current and future needs in partnership with private development.

6. Governance

Strategic Intent

Moira will meet governance, communication, compliance and regulatory standards through its commitment to advocacy and effective decision making and demonstrate good governance by being consensus orientated, equitable, effective and efficient.







The process underlying the development and preparation of the budget involves officers preparing the annual budget in accordance with the Act and submitting the draft budget to Council for approval “in principle”. Council is then required to give “public notice” that it intends to adopt the budget. It must give 28 days’ notice of its intention to adopt the draft budget and make the budget available for public inspection. A person has a right to make a submission on any proposal contained in the budget and any submission must be considered before adoption of the budget by Council. The final step is for Council to adopt the budget after considering any submissions. The budget is required to be adopted and a copy submitted to the Minister by 31 August each year. The key dates for the budget process are summarised below:

Budget process Timing

1. Proposed budget submitted to Council for approval 27/04/2015

2. Public notice advising Council has prepared draft budget and it is on public display for 28 days

29/04/2015

3. Budget available for public inspection and comment 29/04/2015

4. Submissions period closes 29/05/2015

5. Submissions considered by Special meeting of Council 09/06/2015

6. Budget and submissions presented to Ordinary meeting of Council for adoption

22/06/2015

7. Copy of adopted budget to be submitted to the Minister 30/06/2015

Attached with this Proposed Budget 2015/16 are the following appendices:

Appendix 1 provides Moira Shire’s proposed Financial Statements for 2015-2016 (See Attachments);

Appendix 2 provides Moira Shire’s statutory disclosure documents for 2015-2016 (See page 14 of this report);

Appendix 3 details of the Proposed Capital Budget for 2015-2016 (See Attachments );

Appendix 4 User fees and charges schedules for 2015-2016 (See Attachments)

3. Financial Implications

The Draft Budget 2015/16 enables the Council to fund its approved operational activities and capital projects for the year ending 30 June 2016.

4. Risk Management

There are no risk management issues to consider within this report.

5. Internal and External Consultation

In preparing the Proposed Budget the following staff were consulted:

Corporate Management Team (CMT)

All Managers, and

Key staff members in each department.







In accordance with the Local Government Act 1989, a period of 28 days is allowed for the public to make submissions in regard to the content of the budget. Council will also conduct public information sessions throughout the municipality.

6. Regional Context

There are no regional context issues to consider within this report..

7. Council Plan Strategy

The report assists Council to deliver on its organisation plan strategy by ensuring sound financial management practices.

8. Legislative / Policy Implications

Local Government Act 1989 and Regulations; Rates and Charges Policy; Loan Borrowings Policy; and Budget and Financial Reporting Policy.

9. Environmental Impact

The Proposed Budget 2015/16 includes $0.11 million Land Fill related Capital Works.

10. Conflict of Interest Considerations

There are no officer conflict of interest issues to consider within this report.

11. Conclusion

The Draft Budget 2015/16 provides for a significant capital works program, high level of investment in asset renewal funded by an increase in rates and charges, and maintenance of the range and level of services. The challenges that lay ahead have been canvassed and discussed through the Council Plan process. The 2015/16 Draft Budget is the funding response to Council’s long term plan. The long term financial plan also assists Council to determine the most appropriate strategy to maintain ongoing financial sustainability. A detailed analysis of the 2015/16 Draft Budget is provided as a separate document to this Agenda. Appendix 1 – Proposed Financial Statements 2015-2016







Appendix 2: Statutory Disclosures

This appendix presents information required pursuant to the Act and the Regulations to be disclosed in the Council’s annual budget.

The appendix includes the following budgeted information:

Borrowings;

Rates and charges; and

Differential rates.

1. Borrowings

Current Year Adopted

Forecast Budget

2014/15 2015/16

$’000 $’000

New Borrowings (other than refinancing) - - Debt redemption (829,560) (892,495)

2. Rates and charges

2.1 The rate in the dollar for each type of rate to be levied

Type of Property 2014/15 2015/16

cents/CIV cents/CIV

General Vacant 0.7695 0.8003

General Building 0.3848 0.4002

Farm Vacant 0.3848 0.4002

Farm Building 0.3848 0.4002

Commercial Vacant 0.7695 0.8003

Commercial Building 0.5387 0.5602

Industrial Vacant 0.7695 0.8003

Industrial Building 0.5387 0.5602

Rural Vacant 0.7695 0.8003

Rural Building 0.3848 0.4002

Cultural & Recreational 0.3729 0.3878

DHS Elderly 0.1953 0.2031







2.2 The estimated amount to be raised by each type of rate to be levied

Type of Property 2014/15 2015/16

$ $

General Vacant 1,188,421 1,322,010

General Building 9,183,823 9,664,678

Farm Vacant 1,064,143 1,079,312

Farm Building 4,191,353 4,215,927

Commercial Vacant 58,693 57,806

Commercial Building 1,788,548 1,875,365

Industrial Vacant 38,183 42,584

Industrial Building 870,682 906,913

Rural Vacant 118,825 145,302

Rural Building 1,600,731 1,739,966

Cultural & Recreational 1,518 1,578

DHS Elderly 9,628 10,200

2.3 The estimated total amount to be raised by rates

2014/15 2015/16

$ $

Total rates to be raised 20,120,972 $21,061,641

2.4 The percentage change in the rate in the dollar for each type of rate to be levied,

compared to that of the previous financial year

2014/15 2015/16

Type of Property Change Change

% %

General Vacant 5.50% 4.00%

General Building 5.50% 4.00%

Farm Vacant 5.50% 4.00%

Farm Building 5.50% 4.00%

Commercial Vacant 5.50% 4.00%

Commercial Building 5.50% 4.00%

Industrial Vacant 5.50% 4.00%

Industrial Building 5.50% 4.00%

Rural Vacant 5.50% 4.00%

Rural Building 5.50% 4.00%

Cultural & Recreational 5.50% 4.00%

DHS Elderly 5.50% 4.00%







2.5 The number of assessments for each type of rate to be levied compared to the

previous year

Type of Property

2014/15 2015/16

Assessments Assessments Change

General Vacant 1,014 1,023 9

General Building 9,814 9,859 45

Farm Vacant 1,140 1,071 (69)

Farm Building 2,342 2,245 (97)

Commercial Vacant 53 49 (4)

Commercial Building 990 984 (6)

Industrial Vacant 24 26 2

Industrial Building 80 85 5

Rural Vacant 141 192 51

Rural Building 1,441 1,515 74

Cultural & Recreational 1 1 -

DHS Elderly 63 62 (1)

Total 17,103 17,112 9

2.6 The basis of valuation to be used is the Capital Improved Value (CIV)

2.7 The estimated total value of land in respect of which each type of rate is to be

levied compared with the previous year

Type of Property

2014/15 2015/16

$ $ Change

$

General Vacant 154,437,900 165,189,300 10,751,400

General Building 2,386,915,900 2,414,962,000 28,046,100

Farm Vacant 276,575,500 269,693,100 (6,882,400)

Farm Building 1,089,351,000 1,053,455,000 (35,896,000)

Commercial Vacant 7,627,300 7,223,000 (404,300)

Commercial Building 332,013,000 334,767,000 2,754,000

Industrial Vacant 4,962,000 5,321,000 359,000

Industrial Building 161,627,000 161,891,000 264,000

Rural Vacant 15,441,600 18,156,000 2,714,400

Rural Building 416,037,000 434,774,000 18,737,000

Cultural & Recreational 407,000 407,000 -

DHS Elderly 4,931,000 5,022,000 91,000

Total 4,850,326,200 4,870,860,400 20,534,200







2.8 The unit amount to be levied for each type of charge under section 159 and 162 of

the Act

Type of Charge

Per Rateable Property

2014/15 2015/16 Change

$ $ $

Municipal Charge 305.65 317.85 12.20

Garbage Service 98.65 102.60 3.95

Recycling Service 88.95 92.50 3.55

Organic Waste Service 97.20 97.20 -

Environmental Levy 206.50 214.75 8.25

2.9 The estimated amounts to be raised for each type of charge to be levied compared to the previous year

Type of Charge 2014/15 2015/16

$ $

Municipal Charge 4,960,908 5,128,382

Garbage Service 1,221,499 1,304,456

Recycling Service 1,070,358 1,140,988

Environmental Levy 3,276,464 3,467,998

Organic Waste Service 881,820 758,160

2.10 The estimated total amount to be raised by rates and charges: $ 33,254,974

2.11 There are no known significant changes, which may affect the estimated amounts to be raised by rates and charges. However, the total amount to be raised by rates and charges may be affected by:

a) The making of supplementary valuations b) The variation of returned levels of value (e.g. valuation appeals) c) Changes of use of land such that rateable land becomes non-rateable land and vice versa d) Changes of use of land such that residential land becomes business land and vice versa







3. Differential rates

3.1 Amount intended to be raised

An amount of $33,254,974 (or such other amount as is lawfully raised as a consequence of this resolution) be declared as the amount which Council intends to raise by general rates, the municipal charge and the annual service charge (described later in this Resolution), which amount is calculated as follows:

General Rates $21.45 million Municipal Charge $5.13 million Garbage Charge $1.30 million Green Waste $0.76 million Recycling Charge $1.14 million Environmental Levy $3.47 million

4. General Rates

4.1 A general rate be declared in respect of the 2015/16 Financial Year.

4.2 It be further declared that the general rate be raised by the application of differential rates.

4.3 A differential rate be respectively declared for rateable land having the respective characteristics specified below, which characteristics will form the criteria for each differential rate so declared:

4.3.1 General Vacant Land

Any land:

4.3.1.1 on which no building designed or adapted for human occupation is erected; and

4.3.1.2 which does not have the characteristics of:

4.3.1.2.1 Farm Vacant Land; 4.3.1.2.2 Commercial Vacant Land; 4.3.1.2.3 Industrial Vacant Land; or 4.3.1.2.4 Rural Residential Vacant Land;

4.3.2 General Building Land

Any land:

4.3.2.1 on which a building designed or adapted for human occupation is erected; and

4.3.2.2 which does not have the characteristics of:

4.3.2.2.1 Farm Building Land; 4.3.2.2.2 Commercial Building Land; 4.3.2.2.3 Industrial Building Land; or 4.3.2.2.4 Rural Residential Building Land.







4.3.2(A) General Building Land - DHS Elderly Persons Units

Any land:

4.3.2(A).1 on which a building designed or adapted for human occupation is erected and has been made available by the Department of Human Services for occupancy by elderly persons as determined by the department

4.3.2(A).2 which does not have the characteristics of:

4.3.2(A).2.1 Farm Building Land; 4.3.2(A).2.2 Commercial Building Land; 4.3.2.2(A).3 Industrial Building Land; or 4.3.2(A).2.4 Rural Residential Building Land

4.3.3 Farm Vacant Land

Any land:

4.3.3.1 on which no building designed or adapted for human occupation is erected; and

4.3.3.2 is "Farm land" within the meaning of section 3(1) of the Valuation of Land Act 1960.

4.3.4 Farm Building Land

Any land:


4.3.4.2 is "Farm land" within the meaning of section 3(1) of the Valuation of Land Act 1960.

4.3.5 Commercial Vacant Land

Any land:

4.3.5.1 on which no building designed or adapted for human occupation is erected;

4.3.5.2 which is, by reason of its zoning under the Moira Planning Scheme, capable of being used primarily for commercial purposes; and

4.3.5.3 does not have the characteristics of:

4.3.5.3.1 Farm Vacant Land; 4.3.5.3.2 General Vacant Land; 4.3.5.3.3 Industrial Vacant Land; or 4.3.5.3.4 Rural Residential Vacant Land.







4.3.6 Commercial Building Land

Any land:

4.3.6.1 on which a building designed or adapted for human occupation is erected;

4.3.6.2 which is used primarily for commercial purposes; and


4.3.6.3.1 Farm Building Land; 4.3.6.3.2 General Building Land; 4.3.6.3.3 Industrial Building Land; or 4.3.6.3.4 Rural Residential Building Land.

4.3.7 Industrial Vacant Land

Any land:

4.3.7.1 on which no building designed or adapted for human occupation is erected;

4.3.7.2 which is, by reason of its zoning under the Moira Planning Scheme, capable of being used primarily for industrial purposes; and


4.3.7.3.1 Farm Vacant Land; 4.3.7.3.2 Commercial Vacant Land; 4.3.7.3.3 General Vacant Land; or 4.3.7.3.4 Rural Residential Vacant Land.

4.3.8 Industrial Building Land

Any land:

4.3.8.1 on which a building designed or adapted for human occupation has been erected;

4.3.8.2 which is used primarily for industrial purposes; and

4.3.8.3 does not have the characteristics of: 4.3.8.3.1 Farm Building Land; 4.3.8.3.2 Commercial Building Land; 4.3.8.3.3 General Building Land; or 4.3.8.3.4 Rural Residential Building Land.







4.3.9 Rural Vacant Land

Any land:

4.3.9.1 which is more than two (2) and less than 10 hectares in area;

4.3.9.2 which is located within a Rural Residential Zone or zones under the Moira Planning Scheme;

4.3.9.3 on which no building designed or adapted for human occupation is erected

4.3.9.4 which is used by a primary production business that:

4.3.9.4.1 does not have a significant and substantial commercial purpose or character;

4.3.9.4.2 does not seek to make a profit on a continuous or repetitive basis from its activities on the land; and

4.3.9.4.3 is not making a profit from its activities on the land or does not have a reasonable prospect of making a profit from its activities on the land if it continues to operate in the way that it is operating;

4.3.10 Rural Building Land

Any land:

4.3.10.1 which is more than two (2) and less than 10 hectares in area;

4.3.10.2 which is located within a Rural Residential Zone or Zones under the Moira Planning Scheme;


4.3.10.4 which is used by a primary production business that:

4.3.10.4.1 does not have a significant and substantial commercial purpose or character;

4.3.10.4.2 does not seek to make a profit on a continuous and repetitive basis from its activities on the land; and

4.3.10.4.3 is not making a profit from its activities on the land or does not have a reasonable prospect of making a profit from its activities on the land if it continues to operate in the way that it is operating.

4.4 It be recorded that Council considers that each differential rate will contribute to the

equitable and efficient carrying out of Council functions, and that:







4.4.1 the respective objectives of each differential rate be those specified in the Schedule to this Resolution; and

4.4.2 the respective types or classes of land which are subject to each differential

rate be those defined in the Schedule to this Resolution; and 4.4.3 the respective uses and levels of each differential rate in relation to those

respective types or classes of land be those described in the Schedule to this Resolution; and

4.4.4 the relevant

(a) uses of; (b) geographical locations of; and (c) planning scheme zonings of; and (d) types of buildings on the respective types or classes of land be those

identified in the Schedule to this Resolution; and

4.5 In accordance with section 4(1) of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each rateable land to which the Act applies be determined by multiplying the Capital Improved Value and that rateable land by 0.3878 % (or 0.3878 cents in the dollar of Capital Improved Value).

5. Municipal Charge

5.1 A municipal charge be declared in respect of the 2015/16 Financial Year.

5.2 The municipal charge be declared for the purpose of covering some of the administrative costs of Council including Customer Service, IT, Finance & Human Resources functions.

5.3 The municipal charge be in the sum of $317.85 for each rateable land (or part) in respect of which a municipal charge may be levied. The municipal charge as a total represents 19.3% of the total rate revenue

5.4 It be confirmed that the municipal charge is declared in respect of all rateable land within the municipal district in respect of which a municipal charge may be levied.

6. Annual Service Charge

6.1 An annual service charge be declared in respect of the 2015/16 Financial Year.

6.2 The annual service charge be declared for the collection and disposal of refuse from land.

6.3 The annual service charge be in the sum of, and be based on the criteria, set out below:

6.3.1 $102.60 per annum for each rateable land to which a domestic waste collection service is available;

6.3.2 $92.50 per annum for each rateable land to which a recyclables collection service is available;







6.3.3 $97.20 per annum for each rateable land to which an organic waste collection is available, and;

6.3.4 $214.75 per annum for each:

6.3.3.1 rateable land that is 'farm land' within the meaning of s 3(1) of the Valuation of Land Act 1960 and is a 'single farm enterprise' within the meaning of section 159(4) of the Local Government Act 1989; and

6.3.3.2 other rateable land, from which there is capable of being generated waste, which can be deposited by a ratepayer or resident at a landfill or waste transfer or disposal facility;

(which annual service charge is known as the “environmental levy”).

7 Rebates & Concessions

7.1 It be recorded that Council grants to each owner of rateable land who is an "eligible recipient" within the meaning of the State Concessions Act 1986 a rebate of $208.00 (or other amount as advised at beginning of financial year) per annum in respect of each rateable land owned by him or her.

7.2 The rebate described in paragraph 7.1 be granted.

8. Incentives

No incentive be declared for early payment of the general rates, municipal charge and annual service charge previously declared.

9. Payment

All rates and charges to be paid in four instalments in accordance with Section 167(1) and (2) of the Local Government Act 1989.

10. Consequential

10.1 It be confirmed that, subject to sections 171 and 172 of the Local Government Act 1989, Council will require a person to pay interest on any rates and charges which:

10.1.1 that person is liable to pay;

10.1.2 have not been paid by the date specified for their payment.

10.2 The Team Leader Revenue Property & Valuation Services be authorised to levy and recover the general rates, municipal charge and annual service charges in accordance with the Local Government Act 1989.







SCHEDULE GENERAL VACANT LAND Objective: To encourage the development of land and ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the – 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: Nil.







SCHEDULE

GENERAL BUILDING LAND Objective: To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014/2015 financial year.







SCHEDULE FARM VACANT LAND Objective: To encourage the development of land for farming purposes and ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: Nil







SCHEDULE FARM BUILDING LAND Objective: To encourage the pursuit of farming activities and ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014/2015 Financial Year.







SCHEDULE COMMERCIAL VACANT LAND Objective: To encourage the development of land for commercial purposes and ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: Nil







SCHEDULE

COMMERCIAL BUILDING LAND Objective: To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014/2015 Financial Year.







SCHEDULE

INDUSTRIAL VACANT LAND Objective: To encourage the development of land for industrial purposes and ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. 4. Provision of economic development services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: Nil







SCHEDULE

INDUSTRIAL BUILDING LAND Objective: To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014/2015 Financial Year.







SCHEDULE

RURAL VACANT LAND Objective: To encourage the development of land and ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and 2. Development and provision of health and community services; and 3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme. Types of Buildings: Nil







SCHEDULE

RURAL BUILDING LAND Objective: To ensure that all rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the - 1. Construction and maintenance of public infrastructure; and

2. Development and provision of health and community services; and

3. Provision of general support services. Types and Classes: Rateable land having the relevant characteristics described in the Resolution of Council. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the relevant Planning Scheme.

Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Planning Scheme.

Types of Buildings:

All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2014/2015 Financial Year.







COPIES OF THE ATTACHMENTS WILL BE AVAILABLE ON WEDNESDAY 22 APRIL 2015.

Attachments

1 Appendix 1 Standard Income Statement - printed in separate document 2 Note 1 Other Revenues detail - printed in separate document 3 Note 2 Other Expenses Detail - printed in separate document 4 Appendix 1 Standard Balance Sheet - printed in separate document 5 Appendix 1 Standard Cash Flow Statement - printed in separate document 6 Appendix 1 Standard Capital Works Statement - printed in separate document 7 Appendix 3 Capital Budget 2015/16 - printed in separate document 8 Appendix 4a User Fees & Charges - printed in separate document 9 Appendix 4b Park Hire Fees & Charges - printed in separate document



FILE NO: 180.11.0002 3. OUR COMMUNICATIONS AND PROCESSES

ITEM NO: 9.1.2 (ASSISTANT FINANCIAL ACCOUNTANT, ANDREW WILSON) (GENERAL MANAGER - CORPORATE, LEANNE MULCAHY)

FINANCIAL POSITION REPORT AS AT 31 MARCH 2015


RECOMMENDATION

That Council receives and notes the Financial Position Report as at 31 March 2015.

1. Executive Summary Financial Highlights and Overview – Key Points

Current Cash & Cash Equivalents balance as at 31 March 2015 is $19,774,677

Operating Grants and Capital Grants are being received as planned, fourth instalment of Victorian Grants Commission payment $2.4M to be received in May 2015 and Roads to Recovery payment of $1.7M also expected to be received in May 2015

Other Revenues includes Waste Charges and Environmental Levy of $5.1M, which is recognised when levied at the beginning of the financial year

Rates and Charges collection is progressively maintained and is running as expected, fourth and final payment to be collected by 31 May 2015

Investments at the end of March are $17.8M and are being monitored to derive the best result

Debtors are being rigorously followed-up and are at acceptable levels, whilst debts greater than 30 days are 10% of total debts at the end of the month, $33k of the > 90 Days have been rectified since end of month, bringing this percentage to an acceptable 5%

Capital Expenditure is being monitored to meet target, expenditure year to date is at $5.2M, with further outstanding commitments of $3.8M. Key projects nearing completion include: Cobram CBD Streetscape, Thompsons Beach, Roads to Recovery Resheeting program and Cobram Landfill Rehabilitation and will require full budget allocation of $10.9M and are on track for completion by 30 June 2015

All non-cash items (including Developer Contributions) to be calculated/recalculated as part of end-of-year balance sheet adjustments

Forecast end of year surplus is on track, this is to be confirmed at the next Quarterly Budget Review





FINANCIAL POSITION REPORT AS AT 31 MARCH 2015 (cont’d)


2. Background and Options

Operating Income Statement Ref Budget 14/15

Dec 14/15

Forecast

Actuals YTD

March 14/15

Income

Operating Grant (11,215,994) (11,430,035) (8,703,768)

Operating Contributions (93,600) (70,426) (40,268)

Reimbursements (49,532) (59,822) (59,436)

Statutory Fees & Fines (883,576) (883,776) (644,386)

User Charges (2,637,997) (2,686,336) (1,717,898)

Other Revenues (incl. Waste Charges & Enviromental Levy) (6,723,275) (6,357,089) (6,437,541)

Interest Income (300,000) (360,000) (314,454)

Net Proceeds - Land for resale (10,000) (73,182) (68,902)

Total Income (21,913,974) (21,920,666) (17,986,651)

Expenditure

Employee Costs 18,604,226 18,610,788 12,262,339

Contractors 6,300,072 5,755,527 3,469,623

Materials & Services 11,461,566 11,229,791 6,688,994

Utilities 968,072 991,972 681,188

Other Expenses 4,320,149 4,399,972 2,985,763

Interest on Borrowings 527,476 527,476 403,105

Bad & Doubtful Debts 5,000 5,000 -

WDV of Disposal of Assets 60,129 60,129 19,663

Total Expenditure 42,246,690 41,580,655 26,510,676

Net Operational (Inflow) / Outflow 20,332,716 19,659,989 8,524,024

Net Operational (Inflow) / Outflow 20,332,716 19,659,989 8,524,024

Funding available through

Rates and charges 25,812,968 25,832,416 24,844,053

Rate funds available for Capital Projects A 5,480,252 6,172,427 16,320,029

Capital Expenditure 10,720,189 10,891,595 5,192,505

Capital External funding (6,146,409) (5,856,155) (2,267,474)

Net Council Funding of Capital Projects B 4,573,780 5,035,440 2,925,031

Surplus of Rate Funds after funding Capital Projects A - B 906,472 1,136,987 13,394,998

Equity Inflow / (Outflow) (829,560) (1,000,966) (617,301)

Net Rate Funds Surplus / (Shortfall) 76,912 136,021 12,777,697

Moira Shire Council

Funding Analysis Summary - March 2015







Budget 14/15

Dec 14/15

Forecast

Actuals YTD

March 14/15

Funds available through

Rates and charges 25,812,968 25,832,416 24,844,053

Rate funds available for Capital projects 5,480,252 6,172,427 16,320,015

Capital Outflow 10,720,189 10,891,595 5,192,505

Capital Inflow (6,146,409) (5,856,155) (2,267,474)

Net Council Funding required for

Capital Projects 4,573,780 5,035,440 2,925,031

Budget 14/15

Dec 14/15

Forecast

Actuals YTD

March 14/15

Equity Inflow / (Outflow)Repayment of Loans 829,560 829,560 617,301

Fund from Equity reserves for Capital carryover (171,406)


Reconcilation with Income Statement


Eliminate Balance Sheet itemsRepayment of Loans 829,560 829,560 617,301

Fund from Equity reserves for Capital carryover - 171,406 -

Capital Expenditure Capitalised as Assets 10,720,189 10,891,595 5,192,505

Accounting for Non-cash itemsDepreciation Expense and amoritisation (8,740,057) (8,740,057) (6,555,043)

Share Profit/Loss Associated Entity (20,000) (20,000) -

Landfill - Interest Unwinding Discount (429,831) (429,831) -

WDV of Infrastructure Replaced (200,000) (200,000) -

Contributions - Non-Monetary Assets 200,000 200,000 -

Income Statement Surplus / (Deficit) 2,436,773 2,838,694 12,032,460







$

Cash and Cash equivalents as per Balance Sheet - 31 Mar 2015 19,774,677

Confirmed inflow/(outflow) recorded in the books of accounts as of date

Creditors - invoices registered in the system (994,563)

Payroll [average payroll payout amount $650k per FN] (4,550,000)

Fire Services levy - due to SRO [net of Creditors & Debtors] (53,520)

Loan installment due for the quarter (220,868)

Creditors - estimated quarterly payout (11,000,000)

Rates 6,080,247

Capital Grants 2,969,506

Operating Grants 2,980,881

Projected Cash Balance as at 30 June 2015 14,986,360

Following restrictions imposed on Cash and cash equivalents

by regulations or other externally imposed restictions or by

commitments made by Council

Restricted reserves - Open Space, Car Parking & Net Gain Native

Vegetation reserves (1,262,937)

Long Service leave

Current (1,651,139)

Non-current (243,020)

Trust Funds and Deposits (557,727)

Unexpended Grants [estimated for the year end] (750,000)

Projected Cash Balance (less Restricted Cash) as at 30 June 2015 10,521,538

Quarterly Cash Position - Projection as at 30 June 2015

Estimated future (outflows) and inflows up to 30 June 2015







General Rates & Charges Mar-14 Mar-15Year on Year

Variance

Rates & Charges Levied 28,896,269 31,305,162 2,408,893

Collection to Date (21,221,845) (23,410,932) (2,189,087)

Rate Debtors Outstanding 7,674,424 7,894,230 219,806

No. of Rateable Assessments 17,073 17,526 453

Rateable Valuation C.I.V 4,764,764,600 4,996,645,300 231,880,700

Special Scheme Debtors Feb-15 Mar-15Monthly

Variance

Balance Outstanding 24,327 23,645 682

Sundry Debtors Feb-15 Mar-15Monthly

Variance

Current 616,495 302,263 314,232

30 Days 18,331 181,310 (162,979)

60 Days 2,499 1,824 675

90 Days 0 804 (804)

> 90 Days 57,537 56,800 737

Total 694,862 543,001 151,861

Infringements Feb-15 Mar-15Monthly

Variance

Balance Outstanding 162,368 157,681 4,687

Rates & Other Debtors Report - March 2015

3. Financial Implications There are no financial implications outside of the normal quarterly review.

4. Risk Management

There are no risk management issues to consider within this report.


The following members of staff were consulted:

General Manager – Corporate;

Finance Manager;

Team Leader, Financial Accountant;

Finance Analysts;

Team Leader, Revenue & Property Services;

Business Support Officer, Safety & Amenity Council’s Financial Position Report is provided on a monthly basis for public viewing in accordance with Council’s open and transparent governance policy.







6. Regional Context

There are no regional context issues to consider within this report.


The report assists Council to deliver on its organisation plan strategy by ensuring sound financial management practices.


The report complies with:

the Local Government Act S.136; and

Council’s Budget and Financial Reporting Policy.

The 2013/14 to 2016/17 Council Plan Strategic Goal 4 and Strategic Resource Plan


There are no environmental impacts associated with this report.



11. Conclusion

Council’s financial position as at 31 March 2015 is satisfactory, but it must continue to be managed prudently, particularly in the areas of capital income, capital expenditure and operational growth, for this situation to be maintained.

Attachments

Nil



FILE NO: 120.03.0001 4. ORGANISATION

ITEM NO: 9.1.3 (MANAGER GOVERNANCE AND COMMUNICATIONS, LINDA NIEUWENHUIZEN) (GENERAL MANAGER - CORPORATE, LEANNE MULCAHY)

COUNCIL PLAN 2013/14 - 2016/17 INCLUDING STRATEGIC RESOURCE PLAN ANNUAL REVIEW


RECOMMENDATION

That Council;

1. Accept the reviewed 2013/14 to 2016/17 Council Plan including the Strategic Resource Plan for the purposes of Section 125 of the Local Government Act 1989.

2. Authorise the Chief Executive Officer to: (a) give public notice of the preparation of the Draft reviewed 2013-2017 Council Plan; (b) invite submissions in respect of this matter in accordance with Section 223 of the

Local Government Act 1989; (c) make available for public inspection the Draft reviewed 2013-2017 Council Plan; and (d) receive submissions until 4pm Friday 29 May 2015.

3. Form a committee comprising all or part of Council and hold a meeting at the Cobram Civic Centre, Cobram on Tuesday 9 June 2015 to consider submissions on any proposal or proposals contained in the Draft reviewed 2013-2017 Council Plan;

4. Consider the adoption of the Draft reviewed 2013-2017 Council Plan at an Ordinary Meeting of Council to be held on Monday 22 June 2015 at 6.00 pm at the Numurkah Tourist Information Centre.


The 2013/14 to 2016/17 Council Plan was adopted by Council at its Ordinary meeting on 20 May 2013, in accordance with requirements under S125 of the Local Government Act Council 1989 (the Act). Each year, Council is required to review its Council Plan and consider any adjustments necessary to maintain effective leadership within its community and delivery on its Strategic Objectives. Council is also required to provide opportunity for the community to make submission under section 223 on the proposed adjustments to the Council Plan. Council has recently completed a review of the 2013/14 to 2016/17 Council Plan. Approval of this report will enable Council to commence the community consultation process to understand community views on the proposed Plan.

2. Discussion

Moira Shire Council proposes to substantially revise the Council Plan prepared and adopted in 2013. The Draft revised Council Plan reflects the internal and external changes to Moira’s operations that have already impacted on the business or will impact during the remaining two years of the Plan period. The revised Council Plan retains the vision, mission and values articulated in the original plan but recognises:





COUNCIL PLAN 2013/14 - 2016/17 INCLUDING STRATEGIC RESOURCE PLAN ANNUAL REVIEW (cont’d)


Moira Shire’s underlying financial position is stable, but we have little buffer to address the financial pressures created by the Victorian Government’s introduction of rate capping from 2016/17 and the continuing decline in Victorian and Federal government grant funding.

Council must address challenges within our Shire - the financial demands of a large, aging mix of community assets and a more expensive service delivery model relative to other Councils. Both challenges stem from Moira’s large geographic area but dispersed service delivery across multiple locations and a relatively small, slower growing and aging population.

The draft revised Council Plan proposes three new strategic goals: 1. Strong regional partnerships 2. Improve Moira’s Liveability

3. Drive economic growth through agriculture, manufacturing and tourism.

Our ability to realise these strategic goals will depend on four enabling objectives: 1. Smarter delivery of existing services and programs;

2. Delivering sound financial management;

3. Involving and informing our community;

4. Demonstrating good governance

The Strategic Goals and Enabling objectives are supported by Strategic Performance Indicators. Each Strategic Performance Indicator has at least one measure and will be delivered through a number of actions that are documented in the Council Plan. The revised Council Plan delivers two important outcomes

It recognises that smarter service delivery, sustainable financial management, sound governance and ethical leadership are vital to our communities, stakeholders and investors’ confidence in Council and our commitment to the health and prosperity of the Moira Shire.

It ensures our Council Plan remains relevant to our community, and ensures Council’s staff and resources are focused on delivering meaningful and measureable outcomes.

Following approval of this report, Council will commence a community consultation process that will allow us to test our proposals with the community and hear their feedback. This is an important next step in ensuring our plan meets the community’s expectations and needs.


All financial implications of the Council Plan are considered as part of Council’s annual budget and the annual review of the Strategic Resource Plan.

4. Risk Management

The development of the 2013/14 to 2016/17 Council Plan including the Strategic Resource Plan has been undertaken with consideration to the potential risks that Council may face through its implementation.

5. Community Consultation

Upon approval of this report, Council will commence a community consultation program in accordance with section 223 of the Local Government Act 1989.





COUNCIL PLAN 2013/14 - 2016/17 INCLUDING STRATEGIC RESOURCE PLAN ANNUAL REVIEW (cont’d)


6. Internal Consultation The review of the 2013/14 to 2016/17 Council Plan included

Strategic planning workshops and feedback sessions with managers

Strategic planning workshop with Councillors, CEO and General Managers.


The requirement for the Council Plan inclusive of Strategic Resource Plan (SRP) is detailed under Sections 125 and 126 of the Local Government Act 1989 (as amended). Section 125(7) of the Local Government Act requires Council review the plan at least once in a financial plan. Section 125(9) identifies the need for consultation and section 223 prescribes this process.

8. Environmental Sustainability

Environmental Implications are discussed within the document specifically within the Strategic Resource Plan.



10. Conclusion

Moira Shire Council proposes to substantially revise the Council Plan prepared and adopted in 2013. The proposed changes are necessary to ensure Council’s priorities remain relevant to the needs of the Moira community and respond to our rapidly changing environment. Following Council approval of this report, Council will commence a community consultation process in accordance with Section 223 of the Act beginning with advertisements in local media from Wednesday 29 April. Through this process we will seek community feedback on the Draft revised Council Plan and individuals who provide a written submission by Friday 29 May 2015 will have opportunity to speak to their submission at a special Council meeting on Tuesday 9 June 2015. Once submissions are received and considered, any changes deemed appropriate will be made before being presented to Council for adoption at the Ordinary meeting on 22 June 2015. COPIES OF THE ATTACHMENTS WILL BE AVAILABLE ON WEDNESDAY 22 APRIL 2015.

Attachments

1 Council Plan 2013/14-2016/17 including strategic resource plan annual review - printed in separate document



FILE NO: F14/180 2. COMMUNITY

ITEM NO: 9.1.4 (GRANTS COORDINATION OFFICER, CLAIRE MILNE) (GENERAL MANAGER - CORPORATE, LEANNE MULCAHY)

COMMUNITY AND EVENTS GRANTS SCHEME 2014/2015 - ROUND 2


RECOMMENDATION

That Council:

1. Approve for funding, projects and events under Round 2 of the Community and Events Grants Scheme 2014/15 and;

2. Notify all successful and unsuccessful applicants of the outcome of their application. 3. Consolidate all Community and Events grant programs into round per year rather than

two.


Council received 52 applications totalling $54,500.00 in requested funding for Round 2 of the Community and Events Grants Scheme 2014/15. A total of 3 applications were considered ineligible for assessment due to 2 of the applicants submitting multiple applications for different projects into the one grant stream, and one application being withdrawn from consideration prior to assessment. This is in line with the funding exclusion criteria as stipulated in the Community and Events Grants 2014/15 funding guidelines. The Grants Review Panel carefully reviewed the remaining 49 applications according to the selection criteria. The panel consisted of the following Council officers:

Manager Community Services

Team Leader Youth, Recreation and Safety

Team Leader Community Services

Community Development Officer

Arts and Culture Officer

Investment Development Officer

Grants Coordination Officer The review panel has recommended funding 31 projects in Round 2 of the Community and Events Grants Scheme, 2014/15, as listed in below in the next section of this report. Further to this recommendation of projects to be funded, it is proposed that future Community and Event funding programs be consolidated and offered once per year instead of the current 2 rounds.


The following 31 community projects are recommended for Community and Events Grants funding by the Grants Review Panel:

COMMUNITY MINOR GRANTS

Organisation Project Amount

Yalca North Recreation Reserve Canvas Blinds for Community building $2500.00





COMMUNITY AND EVENTS GRANTS SCHEME 2014/2015 - ROUND 2 (cont’d)


COMMUNITY MINOR GRANTS CONT:


Lions Club of Yarrawonga Purchase New Catering BBQ Trailer $1500.00

Cobram Primary Parents Committee (Cobram Primary School)

Establish Community Playgroup $2500.00

Cobram Lions Club (Cobram & District Specialist School)

Student Physical Wellbeing & Engagement Project

$2500.00

Nathalia Playgroup Improve Storage and Update of Equipment $1500.00

Strathmerton Football Club Replacement chairs for social club rooms $2500.00

Cobram & District Pony Club

Lining of Club House Walls - red back prevention

$2500.00

Koonoomoo Improvement Group Tourist Stop and Community Hub Development – Stage 2 Fencing

$2500.00

Scott Reserve Committee of Management

Security Upgrade at Scott Reserve $2500.00

Security Upgrade at Scott Reserve Stage 4. Target lighting system. $500.00

Nathalia Angling Club Come and Try Fishing Day for people with a Disability

$1800.00

Soroptimist International of Cobram Barooga

Walk the Talk - Stop Violence Against Women Awareness

$700.00

CFA - Katunga Brigade

Katunga CFA Community Quick Fill pump trailer – Fire prevention

$1000.00

Katunga Recreation Reserve and Community Centre

Fridge for Food Storage $1500.00

Yarrawonga Mulwala Development Inc.

Cpt McNamara Walking Track Signage acknowledging other WW1 decorated soldiers

$2500.00

Koonoomoo Recreation Reserve Gas Stove for the Pavillion $1200.00

Save Our Station Sub-Committee (Yarrawonga Muiwala Historical Society Inc (YMHS)

Security surveillance equipment for Yarrawonga Railway Station.

$1400.00

TOTAL $31,100.00

TOURISM EVENTS GRANTS


Cobram Rotary Big Band Concert ‘Out for the Count’ $3000.00

Yarrawonga Mulwala Amateur Canoe Club

Murray Quad – Quadrathlon part WQF world circuit

$2000.00







TOURISM EVENTS GRANTS CONT:


Yarrawonga Sun Country on the Murray – Yarrawonga Mulwala Tourism

Yarrawonga Mulwala Multi Sport Festival 2015

$2000.00

Yarrawonga Football Netball Club Inc.

Yarrawonga Sheep Races $1000.00

Nathalia Angling Club Kids Come and Try Fishing Day $1000.00

Apex Cobram Barooga Inc. Pickers & Packers – Koonoomoo Charity Ball

$1000.00

TOTAL $10,000.00

COMMUNITY EVENTS GRANTS


Lions Club of Tungamah Tungamah Lions 10,000 Sporting, Cultural and Heritage Festival

$500.00

Numurkah Christmas Committee – Auspice - Numurkah Love our Lifestyle Inc.

Lions Carols by Candlelight and Twilight Picnic in the Park

$500.00

Sun Country Historical Vehicle and Machinery Club

Sun Country Motorcycle Show n Shine Swap Meet – Men’s Information Tent

$500.00

Invergordon Primary School – Auspice - Invergordon Primary School Parents Club

Community Celebration $500.00

TOTAL $2000.00

HEALTH PROMOTION GRANTS


Numurkah District Health Service (NDHS)

Be on your feet (promoting physical activity) $500.00

Katamatite Primary School Auspice - Katamatite Primary School Parents and Friends Group

Katamatite Primary Healthy Living Breakfast and Healthy Living Expo

$500.00

CWA Yarrawonga and Border Branch

Forum – to raise awareness of mental health issues and suicide prevention

$500.00

Katamatite Community Action Group

Katamatite Mother’s Day Classic 2015 $500.00

TOTAL $2000.00

Also recommended in this report is the consolidation of all grant rounds that form part of Council’s Community and Event grants scheme. Currently spread over 2 rounds, it is proposed to combine these rounds and advertise once per year. At a set time each year (July), this will make simplify Councils grant making role to community.








Council had allocated $54,500.00 to Round 2 of the Community and Events Grants Scheme in 2014/15 which comprises of 4 grant streams for funding. Following assessment of applications in each stream a total of $45,100.00 is recommended to be allocated to projects and events by the grants review panel. The breakdown is listed below:

Grant Stream Allocated Funding

per Round

Number of Applications

Received

Number of Applications

Recommended for funding

Recommended Funding Amount

Community Minor Grants

$40,000.00 32 17 $31,100.00

Tourism Events Grants

$10,000.00 6 6 $10,000.00

Community Events Grants

$2,500.00 6 4 $2,000.00

Health Promotion Grants

$2,000.00 8 4 $2,000.00

All successful recipients of funding will be required to follow Council’s procurement guidelines.

The remaining funds from this grant round, notably from the Community Minor Grants will remain with Council. It has been noted that the number and quality of applications suggest a clear need for workshops to increase the capacity and skills of the community to apply for this funding.

This is focus of upcoming community volunteer workshops in coming months.

4. Risk Management

The Community and Events Grants Scheme will address risk management by:

Ensuring a financial agreement and process is in place before funding is provided.

Council’s responsibilities are clearly identified in the signed funding agreement between Council and the funding recipient.

The relevant documents (e.g. funding applications and funding agreements) outline the responsibilities of applicants in terms of occupational health and safety and risk management.

An evaluation process is in place to ensure delivery of the funded community projects and events.


Internal consultation has taken place with the grant review panel meetings. Separate to these meetings, officers who have regular contact with applicants or those who can provide relevant technical advice regarding projects were contacted for feedback. Throughout the application advertising period, Council officers assisted potential applicants with their applications as requested.







Following Council’s adoption of this report, all applicants will be notified by letter of the outcome of their application and those unsuccessful will be encouraged to contact Council’s Community Services Office for feedback on their unsuccessful applications.

6. Regional Context

One of the roles of Local Government is to provide for community development and support economic development. Whilst the Community and Events Grants Scheme is targeted at local community groups within Moira Shire Council, a number of project can have a broader regional impact. Most notably, the Tourism Events scheme seeks to support events that attract a regional audience.


The Community and Events Grants Scheme support the 2013/14- 2016/17 Council Plan strategic goal of Community:

‘Moira will be a Shire where all its people and communities are happy, healthy and safe with the ability and the opportunity to integrate, participate, connect and contribute to their communities.’

In particular, the Community and Events Grants help to achieve the following strategies:

Provide quality facilities, open spaces and programs to increase participation and cater for the communities’ needs and interests through the delivery of a grants program.

Community inclusion.

Continue to plan, deliver and improve the quality, accessibility and relevance of community services, to ensure they meet current and future needs of all the demographic groups in Moira Shire.

Recognise and enhance Moira’s diverse cultural and indigenous heritage through events and programs supporting the arts, traditions and history.

Maintain and enhance community health and wellbeing through high quality service provision and partnerships to meet the needs of the broader community.


The Community and Events Grants applications have been assessed in accordance with the Moira Shire Community and Events Grants policy and guidelines.


Moira Shire’s community grants program aims to support wide range of diverse projects and events. Where appropriate, the grant review panel ensure that projects consider environmentally sustainable options when scoping projects and events.








No council officer conflict of interest issues relating to the projects recommended for funding.

11. Conclusion

The review panel recommends funding 31 projects under the Community and Events Grants Scheme in Round 2 2014/15 with a total dollar value of $45,100.00. The panel also recommends the consolidation of the current 2 rounds of this grant scheme into one round to be advertised in July annually.

Attachments

Nil

INFRASTRUCTURE OFFICER REPORTS FOR DETERMINATION


FILE NO: F 5. INFRASTRUCTURE

ITEM NO: 9.2.1 (MANAGER STRATEGIC PROJECTS, MARK FOORD) (GENERAL MANAGER INFRASTRUCTURE, ANDREW CLOSE)

LOTT STREET, YARRAWONGA PETITION


RECOMMENDATION

That:

1. Council undertake a consultative process that would involve a meeting with residents of the street where the issues in relation to the removal of street trees, could be discussed and a potential solution to the resident’s concerns be determined.


A petition has been received by Council regarding the removal of trees in Lott Street, Yarrawonga at Council’s meeting of 23 March 2015, at which meeting Council resolved;

“Council receive a petition containing 15 signatures requesting the removal of Gum Trees in Lott Street Yarrawonga due to a range of issues impacting residents.”

The petition requests that the trees be removed and that some form of consultative process be commenced. There are a number of issues to consider in relation to the removal and potential replacement of the trees in Lott Street, Yarrawonga as follows;

Lott Street, Avenue of Honour

Previous Council Decisions

Historic reconstruction

Town Planning

Tree species

Cost of removal of the trees It is recommended that Council undertake a consultative process that would involve a meeting with residents of the street where the issues could be discussed and a potential solution to the residents concerns be determined.





LOTT STREET, YARRAWONGA PETITION (cont’d)



a. The petition

The petition requests that the existing native trees be removed and that some form of consultative process be commenced. The picture shows a view of the street. The trees are quite large and are likely to grow larger in the future.

b. Issues – Lott Street Avenue of Honour

230 Kurrajong trees were planted in Lott Street, Telford Street and Belmore Street. The trees were planted in remembrance of those who served in World War 1. Those people were; (Excerpt from “Tungamah Express” 11/09/1919)

ALLAN, H ALLAN, J ALFRED, R ANGUS, V W ALEXANDER,C BOYD, A BOOTH, L BARRY, J BURLEY, J BYRNES, F BURLEY, D C BAILLIE, J K BAILLIE, G R BUSH, M BUTLER, H BOWLES, H R BARFIELD, P S BUCHANAN,HJ BUCHANAN, A BRAY, Rev GP

CRISP, H CRISP, E CAMERON, D CORKE, A G CHAPMAN, S R CLARKE, B CLARKE, G CLARKE, W CLARK, J CLARKE, H G CASE, W CAVANAGH, D J CAVANAGH, P W CAVANAGH H CAVANAGH, A CAVANAGH, J H CARNEGIE, R F CARMICHAEL, W C

CARMICHAEL, R CARMICHAEL, A CARMICHAEL, A CARMICHAEL, T COOPER, D CORBOY, J CORBOY, P CORBOY, T CORBETT, J CURRY, W CHAPPELL, C C CAMERON, J CAMERON, W CROSS, J COSTELLO, R CRAWFORD, C R CHAPPELL, N COWELL, C

DAWES, C G DOYLE, M J DWYER, M P DWYER, T A DUNBAR, W G DUNBAR, H DELAHUNTY, J P DARCY, D EDWARDS, J EDWARDS, J EDWARDS, A EDWARDS, J EDWARDS, - EVANS, T EVANS, - EVANS, J ELLIS, E E ELLIS, R

FRIEND, J J FAIR, R FALLON, G T B GLEESON, P GRENELL, F GILL, W A F GILMORE, G A GILMORE H GILMORE A M GARDNER, P M HOCKING, J HUGO, W HAZEN, M HARDING, S F HILL, W J HALBURD, R F HICKFORD, J C HILET, T R HILET, R HENDERSON, D HORGAN, Dr J P HEATHERTON, R







INCHBOLD, P P INCHBOLD, E J JAMES, A W JAMIESON, Dr S C JONES, A E JOE, L S JONES, D JOSE, J KYFFIN, A M KYFFIN, A P KING, H G

LEMMING, R LOWE, W LEWIS, C E LEAHY, J LEES, V G LONIE, W LONSDALE, F L MULLINS, W P MULLINS, J J MULLER, H MURRAY R C MEYER, J E MEEHAN, P MEEHAN, M MACDERMID, WD MASON, I

MASON, J MARTIN, H S MARTIN, W U MARTIN, S J MARTIN, A MARTIN, - MOFFAT, G A MALLOWS, W S MALLOWS, C MERTIN, E M MUNRO, H MULLARVEY, J MILLAR, H C MILLER – MACKINNON, J McKENZIE, L E McDONOUGH, P McDONOUGH, W

McKAY, G D McKAY J P McINNES, S H McINNES A McBEATH, L G McCOLL, A McCOLL, D McCOLL, - McMAHON, C W R McALPINE, A McALPINE, W McALPINE, J McALPINE, J McFARLANE, P NICHOLSON, A NICHOLSON, E NICHOLSON, N NICKLAUS, J

OLLEY, A R OLLEY, A A O’BRYAN, R M O’BRYAN, W H O’BRIEN, D O’BRIEN, - O’KEEFE, P O’HAGAN, H

PATCHING, J D ARISH, A PARISH, C D POLLON, F PLUMMER, J F PLUMMER, C Z PARKER, J PAYNE, R PAYNE, H PRESCOTT, J PROSSER, D S ROBINSON, J J ROBIN, A M

REGAN, W ROACH, J ROFF, T ROGERS, L G RICHARDS, TW REYNOLDS, GF RUDD, C SHIELDS, A J SHIELDS, E J SMART, W H SMART, W J SMART, A J SYMONDS, H SMITH, A

SMITH, W SMITH, R N SMITH L G SMITH, D SMYTHE, G A SARGEANT, F SARGEANT, B SARGEANT, S SLOANE, A J SLOANE, W D SLOANE, R STEWART, A SKINNER, R H

SAUNDERS, G SAUNDERS, C SHARP, J TURNER, H J WILSON, S WILSON, R WILLETT, H WILLETT, - WHITE, R C WARFE, J

WHISTLER, A WARD, F WARD, T WARD, W WOODS, H D WOODS, O W WOODS, V G WADE, E A WOHLER, M YOUNG, C

Over time the trees have been lost due to a number of reasons and only three remain, at the western end of Lott Street. A plaque and memorial have been placed nearby.

c. Issues – Previous Decisions and History

Council has previously discussed the Avenue of Honour at its meeting of 2 May 2007, at which time it resolved as follows;

“That Council seek funding from the Federal Government and RSL to install an interpretive monument to help residents and visitors appreciate the significance of the Yarrawonga Avenue of Honour which originally extended from the Railway station along Lott Street, Mc Nally Street and Belmore Street.







The monument at the western end of Lott Street outlines the history of the Avenue of street trees.

Council was also advised at that meeting of the issues in relation to restoring or reconstructing historic infrastructure, and at that time it may not have been appropriate to replicate or restore the Avenue of trees.

d. Issues – Historic Reconstruction

The “Burra Charter” forms the basis for protection and treatment of historical places and infrastructure. It has been adopted by the Planning Industry as well as the National Trust as the fundamental principle by which conservation work is undertaken. The Burra Charter provides guidance for the conservation and management of places of cultural significance (cultural heritage places), and is based on the knowledge and experience of Australia ICOMOS members. (International Charter for the Conservation and Restoration of Monuments and Sites) The Charter sets a standard of practice for those who provide advice, make decisions about, or undertake works to places of cultural significance, including owners, managers and custodians. Places of cultural significance enrich people’s lives, often providing a deep and inspirational sense of connection to community and landscape, to the past and to lived experiences. They are historical records that are important as tangible expressions of Australian identity and experience. Places of cultural significance reflect the diversity of our communities, telling us about whom we are and the past that has formed us and the Australian landscape. The Burra charter recognises that places of cultural significance must be conserved for present and future generations.







The Burra Charter, however, advocates a cautious approach to change: Do as much as necessary to care for the place and to make it useable, but otherwise change it as little as possible so that its cultural significance is retained. The charter has many articles but a few are worth mentioning, for example, when reconstruction is being contemplated;

“Reconstruction is appropriate only where a place is incomplete through damage or alteration, and, only where there is sufficient evidence to reproduce an earlier state of the fabric. In rare cases, reconstruction may also be appropriate as part of a use or practice that retains the cultural significance of the place.”

And further;

“Reconstruction should be identifiable on close inspection or through additional interpretation.”

And summing up; New work may be sympathetic if its siting, bulk, form, scale, character, colour, texture and material are similar to the existing fabric, but imitation should be avoided. Which brings us to what may be considered appropriate in relation to the avenue of trees. The Charter may not favour reconstruction or re-establishment of the Avenue, particularly not the reconstruction of the name plates at each tree, as this could be considered imitation. The charter would favour any means to retain what is left of the Avenue including the name plates and would prefer that the name plates be left in their original location unless they need to be removed to protect them. It would therefore not be appropriate to replicate the Avenue with nameplates but re-establishment with trees of the same species would be appropriate, particularly if the existing trees are removed. In other words, once the Avenue is gone, as is the case now, and if the existing trees were removed, it would be preferable to restore the Avenue rather than plant or install any other infrastructure. For example, if a historic building were in a state of disrepair, it would be preferable from a cultural and historic perspective to restore the building rather than replace it with a modern building on the same site. In the case of a building, often the costs and other factors make restoration or rebuilding unachievable, however in the case of the avenue; the tree species can relatively easily be replaced. From a purely cultural or historic perspective it would therefore be preferable to reconstruct the Avenue rather than to install another tree species and forego the opportunity to properly recognise the cultural and historic significance of the Avenue of Kurrajong trees planted in honour of those who served in World War 1.







e. Issues - Town Planning

The Moira Shire Town Planning Scheme may require that a Town Planning permit be sought to remove the existing trees from Lott Street. If the current proposal to introduce a Heritage Amendment is undertaken a permit would also be required to plant trees in Lott Street, Yarrawonga. Due to the size and age of the existing trees native offset plantings may also be required. The Town Planning process may result in a permit being issued or not, and whether a permit could be obtained cannot be determined at this stage, due to the fact that consultation would have to be undertaken.

f. Issues – Tree Species

The dominant trees in Lott Street are Corymbia maculata (Spotted Gum). This is a large tree, tolerant of drought, and native to the east coast of New South Wales and Eastern Victoria. It produces flowers high in the canopy and is known for this attribute in that it attracts birds. It is a well-known street tree, to quote Wikipedia; “The species is often used for planting in parks and as a street tree, however its mature size makes it unsuitable for most home gardens.” To Quote, the Australian Native Plant Society;

C.maculata is a very decorative species but perhaps too large for most suburban gardens. On larger properties or in parklands it is a superb feature, particularly if close planted. It is suited to temperate to tropical areas but will grow satisfactorily in drier climates if water is available. It adapts to a wide range of soils provided they are not waterlogged. Like most smooth-barked eucalypts, the bark sheds in early summer and it can result in an untidy appearance on lawns and paths for a few weeks.

The tree is therefore suitable for planting in streets, where there is sufficient space.


The cost of removing the trees is approximately $10,000 in terms of equipment and labour. There may be additional costs as a result of the Town Planning process.

4. Risk Management

When undertaking a risk assessment of tree plantings it is normal to consider the use of the tree by others or its common usage as well as its history in the area. The other factor is the care and maintenance available to mitigate any risks associated with the tree. Council has formal procedures and practices in relation to the management of its street trees, to mitigate the risks associated with management of street trees. The trees in Lott Street are often reported to be a suitable street tree in references; Prestige Plants suggests the tree works well as a street tree. (http://www.prestigeplants.com.au/www/content/default.aspx?cid=1211).

FloraBank suggest its use in urban areas; Urban use: good as an ornamental or amenity plant (http://www.florabank.org.au/lucid/key/species%20navigator/media/html/Corymbia_maculata.htm)

http://www.prestigeplants.com.au/www/content/default.aspx?cid=1211

http://www.florabank.org.au/lucid/key/species%20navigator/media/html/Corymbia_maculata.htm







The City of Melbourne have a particularly good knowledge of the trees in Melbourne and highlight the species. “They are striking when planted as a group or avenue, and make spectacular specimen trees.” https://www.melbourne.vic.gov.au/Sustainability/UrbanForest/Documents/spotted_gum_fact_sheet.pdf


The Town Planning and Operations Departments have been consulted in relation to this report.

6. Regional Context

There are no regional issues to consider in relation to this report.


The Strategic Goals that relate to this report are; Community; Moira will be a Shire where all its people and communities are happy, healthy and safe with the ability and the opportunity to integrate, participate, connect and contribute to their communities. Development (Liveability); Moira will be a great place to live and a vibrant, thriving community and a premier tourist, retail and investment destination with growing local business and an adaptive, entrepreneurial infrastructure and ethos. Infrastructure; Moira will be a desirable place to live, work and visit in North Central Victoria supported by its infrastructure, assets and facilities. It will proactively fund, maintain and develop Council’s assets and facilities to meet its community’s current and future needs in partnership with private development. The specific Indicators that relate directly to this report are; 5.2.6 Community satisfaction with local roads, streets and footpaths


A Town Planning Permit may be required to remove the tree in Lott Street, Yarrawonga.


The environmental impacts associated with this report are in relation to the potential removal of street trees. The trees are planted and are probably not indigenous to Yarrawonga.


There are to Officer conflicts of interest to consider in relation to this report.

11. Conclusion

There are many issues to consider in relation to the request from residents of Lott Street to remove the street trees from Lott Street. The trees are mature and many would argue that the aesthetics of the street are complimented by the mature gum trees.

https://www.melbourne.vic.gov.au/Sustainability/UrbanForest/Documents/spotted_gum_fact_sheet.pdf







It is recommended that Council undertake a consultative process that would involve a meeting with residents of the street where the issues could be discussed and a potential solution to the resident’s concerns be determined.

Attachments

Nil



FILE NO: F13/610 3. DEVELOPMENT AND LIVEABILITY

ITEM NO: 9.2.2 (SENIOR TOWN PLANNER, CHRIS LYNCH) (STATUTORY PLANNING COORDINATOR, PETER STENHOUSE)

REQUEST TO INITIATE HERITAGE SCHEME AMENDMENT AND ADOPT DRAFT HERITAGE STUDY.


RECOMMENDATION

That:

1. Council adopt the Moira Shire Heritage Study Stage One (2004), Moira Shire Heritage Study Stage Two (2007) Volumes 1-5 (Inc) and Moira Shire Heritage Study (2007) Addendum 24 March 2015.

2. Council, in accordance with the Planning and Environment Act 1987, seek authorisation from the Minister for Planning to prepare Amendment C38 to the Moira Planning Scheme and exhibit the amendment in accordance with Part 3 Division 1 of the Act.


Amendment C38 to the Moira Planning Scheme seeks to implement the recommendations of a number of heritage studies. The amendment seeks planning scheme protection for the sites identified by applying the Heritage Overlay, and planning permits will be required for demolition or substantial changes. New local planning policies will provide guidance to Shire planners when assessing planning permits triggered by the Heritage Overlay. The Shire has the responsibility, to identify, conserve and enhance buildings or places that are of historic value.


Over the past decade the Shire has commissioned a number of studies into the Moira’s heritage places. Amendment C38 to the Moira Planning Scheme seeks to implement the recommendations of the; Moira Shire Heritage Study Stage One (2004), the Moira Shire Heritage Study Stage Two (2007) Volumes 1-5 (Inc) and the Moira Shire Heritage Study (2007) Addendum 24 March 2015. These studies are collectively referred to as ‘The Moira Shire Heritage Study’ (the Study) and should formally be adopted by Council.

The amendment seeks to place heritage controls on the places and precincts identified as being of historical significance to the municipality. The controls will ensure that a planning permit is triggered for any demolition or substantial changes to places in order to assess the impact on the significant elements of the property. Existing heritage controls A number of heritage overlays and schedules have existed in the Moira Planning Scheme since 1999. The schedules to the heritage overlay have been added to over the years and now comprises 35 heritage places. These existing heritage places are to be retained by Amendment C38 and many form part of mapping corrections. Identification of heritage sites The Study identifies an additional 126 individual sites, 15 heritage precincts and seven groups of significant places such as schools, halls, churches and cemeteries. Stage 1 and Stage 2 of the Moira Heritage Study found a small number of individual sites that no longer required heritage protection, leaving a total of 111 places to be protected by the amendment.





REQUEST TO INITIATE HERITAGE SCHEME AMENDMENT AND ADOPT DRAFT HERITAGE STUDY. (cont’d)


Planning Scheme Changes Amendment C38 proposes the following changes to the Moira Planning Scheme: Maps The Heritage Overlay maps in the Moira Planning Scheme will be amended to identify all the nominated places by applying the ‘HO’ Code. The Heritage Overlay will apply to 111 new heritage places, 15 new heritage precincts and 2 groups of heritage places identified in the Study to Planning Scheme Maps: 2HO, 4HO, 5HO, 7HO, 9HO, 10HO, 11HO, 12HO, 13HO, 14HO, 15HO, 16HO, 17HO, 18HO, 19HO, 20HO, 21HO, 22HO, 23HO, 26HO, 28HO, 29HO, 30HO, 33HO, 34HO, 35HO, 36HO and 37HO. Schedules to the Heritage Overlay Amendment C38 proposes to change the Heritage Overlay schedules by:

deleting the existing Schedule to the Heritage Overlay (at Clause 43.01) and replacing it with a new Schedule which includes the individual places, precincts and groups nominated in ‘The Moira Shire Heritage Study’;

amending the Schedule to Clause 61.03 to include the new Heritage Overlay maps in the planning scheme; and

amending the Schedule to Clause 81.01 to introduce the document titled ‘Moira Planning Scheme Heritage Overlay, Planning Permit Exemptions and Application Requirements, Incorporated Plan, March 2015’.

Local Planning Policy Amendment C38 proposes the following changes to local planning policy:

amending Clause 21.03 to make reference to ‘The Moira Shire Heritage Study’ and to include objectives and strategies relating to cultural heritage;

amending Clause 21.07 to include ‘The Moira Shire Heritage Study’ as a reference document; and

including seventeen (17) new Local Policies at Clauses 22.06 to 22.22 (inclusive) addressing general heritage issues, precincts and groups.


The amendment will not have any significant economic impacts. The conservation of Moira’s heritage places generally, has the potential to significantly add to the tourism industry within the Shire. The amendment may result in some additional costs to proponents of developments within the Heritage Overlay compared to similar developments that are not covered by the Heritage Overlay. These cost would be linked to the specific proposal and include costs and time associated with the preparation of planning permit applications. The Shire’s costs associated with assessing permit applications within the Heritage Overlay may increase slightly. However, the insertion of the ‘Moira Planning Scheme Heritage Overlay, Planning Permit Exemptions and Application Requirements, Incorporated Plan, March 2015’ into the planning scheme provides permit exemptions for certain development within heritage precincts, and graveside works within cemeteries.







This document will ensure planning permits are not required for development which does not adversely affect the heritage protection of these areas, and therefore will ensure that unnecessary pressure is not put on the resources and administrative costs of Council. Amendment C38 will also require the Shire to apply for permits for certain works on places that are owned by or are the responsibility of the Shire, if the proposed works are more than $1,000,000.

4. Risk Management

By failing to undertake the Amendment to the Heritage overlay in the Scheme, the Minister for Planning may instruct the Council to undertake the Amendment. Without the Amendment the Heritage Study (Stages 1 and 2) as previously completed, will have no statutory enforceability.


Heritage Overlay amendments are invariably contentious. Property owners often misunderstand the nature of the protection provided by a local heritage listing and as such Council can expect many enquiries regarding this matter. Council effectively has to ‘sell’ the initiative to the community. Preliminary community consultation was undertaken in four towns in the Shire. The towns being Cobram, Yarrawonga, Nathalia and Numurkah. The consultation was undertaken from the 3rd to 6th March 2015, with over one hundred people attending the heritage community consultation days. The heritage community consultation days were attended by Justin Francis, Council’s Heritage Advisor and Council planning officers. 6. Regional Context In a regional context, the amendment will help conserve and enhance parts of the built environment of Moira Shire.


Amendment C38 is consistent with the Council Plan. The amendment is consistent with the following strategic goals: Environment

Moira will responsibly manage its environment and the communities affected by and living in that environment through innovation, leadership, quality services, partnerships and program delivery and accountability.

Development (liveability)

Moira will be a great place to live and a vibrant, thriving community and a premier tourist, retail and investment destination with growing local business and an adaptive, entrepreneurial infrastructure and ethos.

Infrastructure

Moira will be a desirable place to live, work and visit in North Central Victoria supported by its infrastructure, assets and facilities. It will proactively fund, maintain and develop Council’s assets and facilities to meet its community’s current and future needs in partnership with private development








The Planning and Environment Act 1987 governs the use and development of land in Victoria and provides the statutory framework to ensure planning decisions are fair, orderly, economic and sustainable. The Act requires that every municipal council has a planning scheme to implement the objectives of planning in Victoria and provide sound, strategic and coordinated planning decisions. The Shire has the responsibility, to identify, conserve and enhance buildings or places that are of historic value. The introduction of the Heritage Overlay on sites which are deemed as being of heritage value is a direct response to the objectives of the Planning and Environment Act 1987, especially objective 1(d) which is to:

conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value

The amendment takes into account and gives effect to the relevant principles and policies contained in the State Planning Policy Framework. The amendment implements and supports the existing Local Planning Policy Framework, including the Municipal Strategic Statement. Clause 21.03 (Environment) includes the objective to “... protect places of cultural heritage and support preservation of those sites threatened by development or neglect”. Amendment C38 proposes changes to the Moira Planning Scheme. The Amendment will result in additional statutory controls for proponents within the Heritage Overlay. These controls and associated policy must be considered when the Shire is deciding on planning matters.


The amendment will have positive environmental impacts. The increased protection and conservation of heritage places reflects Moira Shire’s abundance of natural, cultural and historically significant sites. Many of these have been recognised by the community yet very few of these are protected by the existing planning scheme. Protection of heritage places also promotes sustainable development through, among other things, the conservation of, and reduced demand for new construction materials. It is not anticipated that the amendment will have any negative environmental effects as it does not control the use of the land, but rather conserves development which is already in existence.


There is no officer conflict of interest issues associated with this report.

11. Conclusion

The Shire has an obligation under the Planning and Environment Act 1987 to protect historic sites. This is best achieved through the application of the Heritage Overlay and local planning policies. Amendment C38 to the Moira Planning Scheme seeks to implement the recommendations of a number of heritage studies which have been completed over the past decade. These studies should formally be adopted by Council.







It is recommended that the Minister’s authorisation to prepare Amendment C38 to the Planning Scheme be sought. Once authorisation has been granted publically exhibit the amendment.

Attachments

1 Explanatory Report 2 Incorporated Plan - Exemptions 3 Moira Heritage Study - Addendum






ATTACHMENT No [1] - Explanatory Report







ATTACHMENT No [2] - Incorporated Plan - Exemptions







ATTACHMENT No [3] - Moira Heritage Study - Addendum




FILE NO: 5/2014/906 3. DEVELOPMENT AND LIVEABILITY

ITEM NO: 9.2.3 (STATUTORY PLANNING COORDINATOR, PETER STENHOUSE) (GENERAL MANAGER INFRASTRUCTURE, ANDREW CLOSE)

PLANNING PERMIT APPLICATION NO.5/2014/906 - TELECOMMUNICATION FACILITY, 17 FREEMANS ROAD, BEARII


RECOMMENDATION

That Council approve the issue of a Notice of Decision to Grant a Permit for Planning Application No 52014906 for the use and development of land described as 17 Freemans Road Bearii for a Telecommunication Facility, subject to the following conditions:

1. The use and development as shown on the endorsed plans must not be altered without the written consent of the responsible authority.

2. A new vehicular crossing to the subject land must be constructed at Freemans Road in a location and of a size and standard satisfactory to the Responsible Authority at the applicant’s expense.

3. The vehicular crossing must be constructed generally in accordance with the

Infrastructure Design Manual and specifically in accordance with standard drawing SD255, including a reinforced concrete pipe culvert of a diameter suitable to accommodate the actual volume/flow (having a minimum diameter of 375 mm).

The final location of the crossing is to be approved by the Responsible Authority via a “Consent To Work Within A Road Reserve” prior to the undertaking of works. 4. The location and installation of new crossovers and driveway requires approval

from the Responsible Authority following an environmental assessment of the conservation value of the adjoining roadside vegetation.

5. Earthworks and construction must not cause damage to native vegetation to be retained (including trees, shrubs, herbs and grasses) and to natural drainage lines and/or watercourses.

6. A ‘Tree Protection Zone’ (TPZ) must be applied during earthworks and construction.

A TPZ applies to a tree and is a specific area above and below the ground. The TPZ must have a radius 12 x the Diameter at Breast Height (DBH); the TPZ of trees should be no less than 2 m or greater than 15 m.

7. No trenching, soil excavation, stockpiling or dumping of soil is to occur within the

Tree Protection Zone without the written consent of the Responsible Authority. 8. This permit will expire if one of the following circumstances applies:

(a) The development and use is/are not started within two years of the date of this permit.

(b) The development is not completed within two years of the date of commencement.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started; and within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.

Goulburn Murray Water

9. The telecommunications facility or any associated works must not be constructed within 30 metres of Goulburn-Murray Water’s channel assets, including open channels and drains.





PLANNING PERMIT APPLICATION NO.5/2014/906 - TELECOMMUNICATION FACILITY, 17 FREEMANS ROAD, BEARII (cont’d)



Planning Permit Application 52012400 has been lodged seeking approval to use and develop land for the purpose of a 40 metre high Telecommunication Facility for the National Broadband Network (NBN). The application was advertised and 23 objections have been received. The applicant was given an opportunity to respond to the objectors resulting in 4 objections being withdrawn, leaving 19 objections to the proposal. The application was referred to internal departments and external authorities and no objections have been received, subject to conditions. The main contentious issues appear to be the emission of Electromagnetic Energy (EME), and the effect of the facility on the environment or landscape. Both these and other issues have been assessed and do not pose an unreasonable risk to humans or detrimentally affect the amenity of the area or the environment. The application is recommended for approval and the issue of a Notice of Decision to Grant a Permit subject to conditions.


Application Details Applicant: Ericsson Pty Ltd on behalf of NBN Co. Owner: W & K Williams – Meran Grange Pty Ltd Land Address: 17 Freemans Road Bearii Title Details: CA 8 Section F, Parish of Yalca Site Area: 64ha approx File No: 52014906 Zone: Farming Zone Overlays: Land Subject to Inundation Environmental Significance Key Issues

Planning Scheme Provisions

Amenity

Environment

Health







Site of the Telecommunication Facility

Bearii Township

Nearest dwelling approximately 125 m from proposed facility

Site of the Telecommunication Facility







Proposal The proposal is to use and develop the land for the purpose of a telecommunication tower that is not a Low Impact Facility. The applicant seeks planning approval for the establishment of a 40 metre high lattice tower with one parabolic dish antenna, three panel antennas and equipment associated with the operation of the facility. The site will occupy an area of 96sqm which will be securely fenced. Options

Approve the application

Refuse the application

Defer consideration seeking more information


In the event that Council’s decision is appealed at VCAT, any cost associated with attending and responding to an appeal is not budgeted for.

4. Risk Management

If Council decides to grant a permit and conditions are not fulfilled, it may become a compliance issue.

5. Community Consultation

The application was advertised by notifying adjoining and nearby land owners and occupier/s within 500 metres of the proposed Telecommunication site and placing a notice on the subject land. The advertising was carried out correctly and 4 individual objections and 19 names on a petition were received along with 2 submissions in support of the proposal. The basis of the objections was as follows:

Impact on the environment, ie close to Barmah National Park, Superb Parrot habitat

Visual impact on the rural amenity

Possible health implications from electromagnetic fields

Impact on housing valuations

Noise pollution from air conditioning unit

Ageing population in Bearii

Limited businesses in Bearii to up take connection

Potential limited up take from Bearii residents

Potential signal disruption from trees

Use of out dated technology

Limited service reach (Bearii population of 150)

Bush fire threat potential The objections and supporting submissions were forwarded to the applicant to address the issues raised and responded explaining the preferred location and alternative sites explored, Electromagnetic Energy (EME) assessment, property values (not a planning consideration), visual impact assessment, bushfire risk, fauna threat and low take up of service/lack of need.(see attachment – applicant’s response letter) The applicant’s response was forwarded to the objectors (petitioners are considered as objectors) which resulted in 4 withdrawals of objection, hence 19 objections remain.







Given the nature of the objections, no further mediation was considered appropriate and unlikely that all objections would be withdrawn.


Pre-Lodgement Consultation There was pre-lodgement consultation undertaken by the applicant with Council’s Manager of Town Planning and Building on 15 September 2014, in relation to a number of applications (seven) for NBN Telecommunication Facilitates across the municipality. Internal Consultation The application was referred to the Infrastructure Department and Environment Department offering no objection to the proposal subject to conditions. External Consultation The application was referred to Goulburn Murray Water (GMW) as the land is affected by the Environmental Significance Overlay. GMW responded by offering no objection subject to the inclusion of a condition.

7. Regional Context

This proposed tower is part of the upgrade, not just of the region, but of Australia’s existing telecommunication network to provide Australian’s with access to fast, affordable and reliable internet and landline phone service. There have been seven planning permit applications across Moira Shire including, Bearii, Picola North, Nathalia, Wunghnu, Waaia, Invergordon and Katunga. With the exception of Bearii, all the applications have been approved following extensive advertising and referral of the applications.


It is considered that the proposed development is consistent with the following strategies set out in the Council Plan:

Environment – that Moira will responsibly manage its environment. The proposal will not unduly have an impact upon the Shire’s environment.

Development – that Moira will be a great place to live. Focusing on liveability Council must decide if the objectors’ concerns outweigh the advantages of improvements in technological connectivity.


The subject site is in the Farming Zone (FZ). In the table to Clause 37.01-1 of the Moira Planning Scheme, a Telecommunications Facility is a Section 1 use subject to a condition that the requirements of Clause 62.01 must be met. Under Clause 62.01 no planning permit is required to use land for a Telecommunication Facility provided that the associated buildings and works meet the requirements of Clause 52.19.







Under Clause 52.19, no planning permit is required provided that the proposed facility is a low impact facility as described in the Telecommunications (low impact) Facilities Determination 1997. As the proposed facility is not a low impact facility, being a 40 metre high lattice tower, the condition in the Table of uses in the Farming Zone is not met therefore the use becomes a Section 2 use which requires a planning permit. A Permit is required for buildings and works associated with a Section 2 Use, pursuant to Clause 35.07-4. The land is affected by the Land Subject to Inundation Overlay. As the proposed buildings and structure are non-habitable and less than 500m2 in floor area, the application was exempt from referral to the floodplain management authority.

The State Planning Policy Framework (SPPF)

19.03-4 Telecommunications Objective To facilitate the orderly development, extension and maintenance of telecommunication infrastructure. Strategies Ensure that modern telecommunications facilities are widely accessible to business, industry and the community. Ensure the communications technology needs of business, domestic, entertainment and community services are met. The proposal is consistent with the above objective as is will improve business/industry communication between company factories or facilities together with meeting the needs of domestic users.

The Local Planning Policy Framework (LPPF)- including the Municipal Strategic Statement (MSS) and local planning policies

The development of a new Telecommunications Tower at the subject land will improve connectivity. It is considered that this infrastructure will contribute to the realisation of the Economic Development objectives for the Shire.

The provision of a telecommunication tower in a rural landscape, separated from forested (environmental) areas and with no change to the agricultural use of the subject land should achieve the environmental goal and objectives.

Relevant Particular Provisions

Clause 52.19 Telecommunication Facilities The purpose of this Clause is as follows: To ensure that telecommunications infrastructure and services are provided in an

efficient and cost effective manner to meet community needs. To ensure the application of consistent provisions for telecommunications facilities. To encourage an effective state-wide telecommunications network in a manner

consistent with the economic, environmental and social objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987.

To encourage the provision of telecommunications facilities with minimal impact on the amenity of the area.







It is considered that the proposed development is consistent with the purpose of this Clause. Clause 52.19-2 requires a permit to construct a building or construct or carry out works for a telecommunications facility. This does not apply to: Buildings and works associated with: A low-impact facility as described in the Telecommunications (Low-impact) Facilities

Determination 1997. The inspection and maintenance of a Telecommunications facility as defined in the

Telecommunications Act 1997 (Cwth). A facility authorised by a Facilities Installation Permit issued under the

Telecommunications Act 1997 (Cwth). A temporary defence facility. The connection of a building, structure, caravan or mobile home to a

Telecommunications line forming part of a Telecommunications network. Any Telecommunications facility described in A Code of Practice for

Telecommunications Facilities in Victoria which complies with the requirements of the Code.

As previously described the proposal does not accord with the Telecommunication (Low Impact) Facilities Determination 1997, therefore it is not classified as being low-impact (Part 1 – Section 1.2) hence, a planning permit is required under Clause 52.19. Clause 52.19 specifies “A Code of Practice for Telecommunication Facilities in Victoria” as an incorporated document and it sets out the requirements under which land may be used for a telecommunication facility without the need for a planning permit. It also sets out the principles for the design, siting, construction and operation of a telecommunications facility which a Responsible Authority must consider when deciding on an application for a planning permit. It is considered that the proposal generally satisfies the requirements of the Code of Practice and Clause 52.19 of the Moira Planning Scheme

The decision guidelines of Clause 65

It is considered that the application will provide an acceptable outcome in terms of the Decision Guidelines outlined in Clause 65.01 as follows:

The matters set out in Section 60 of the Act.

This assessment has considered the Moira Planning Scheme and the zoning of the subject land.

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

This application has been assessed and has been found to be generally consistent with the abovementioned clauses, objectives and implementation goals of the SPPF and LPPF.

The purpose of the zone, overlay or other provision.

This application has been assessed and has been found to be consistent with the purpose of the zone

Any matter required to be considered in the zone, overlay or other provision.

This application is consistent with all the relevant decision guidelines.

The orderly planning of the area. This application will not prejudice the orderly planning of the area.







The effect on the amenity of the area. It is considered that this application will have minimal detrimental amenity impact upon the surrounding area.

The proximity of the land to any public land.

N/A

Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

N/A

Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site.

N/A

The extent and character of native vegetation and the likelihood of its destruction.

Street trees and potential native grasses in the adjoining road reserve

Whether native vegetation is to be or can be protected, planted or allowed to regenerate.

Must be situated outside of the drip line of the street tree. Location of access (vehicle crossing) to not interfere with vegetation.

The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.

N/A


There are several environmental considerations surrounding the proposal including EME, endangered (fauna & flora) species, visual amenity, bushfire risk. The applicant has addressed these issues in the planning report submitted with the application and specifically when responding to the issues raised by the objectors. Refer to attachments. Of particular note, an EME report was submitted with the application demonstrating that the proposal complies with the Radiation Protection Standard – Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300GHz, ARPANSA, May 2002. Further, with respect to visual amenity, an assessment of the landscape in the immediate area would best describe it as predominately flat with slight undulations, roadside vegetation, scattered vegetation in open farmland used for agriculture (crops, grazing).Along the Murray River there are extensive areas river red gums in national parks. There would be short to medium views in forested areas and longer views across plains or open farmland. The proposed telecommunication tower would be able to be seen given the height of the tower to nearby or adjacent vegetation, however such vegetation provides a backdrop particularly when viewing northward. Hence the visual effect is minimised.


There are no officer conflict of interest issues to consider with this report.







12. Conclusion

The proposed telecommunication tower is proposed to be located on private land used for agricultural purposes, adjoins a rural road with scattered vegetation, situated no closer than 125 metres from the nearest dwelling and about 1 kilometre from the centre of Bearii township and over 2 kilometres from the Barmah National Park. The application has addressed State and Local Planning Policies, zone, overlay and particular provision requirements in the planning scheme. Whilst there are objections to the application, the applicant has provided satisfactory evidence and assessments that the proposal will not unduly impact on humans or the environment. It would be unwarranted not to approve of the application.

Attachments

1 Development Plans 2 NBNCo Planning Report 3 Response to objectors letter 4 Environmental EME Report






ATTACHMENT No [1] - Development Plans







ATTACHMENT No [2] - NBNCo Planning Report







ATTACHMENT No [3] - Response to objectors letter







ATTACHMENT No [4] - Environmental EME Report






APPLICATION TO AMEND PLANNING PERMIT 5/2010/123 - INDUSTRIAL BUILDING EXTENSION - 86 KAROOK STREET COBRAM


RECOMMENDATION

That application to amend Planning Permit 5/2010/123 to extend an existing industrial building at 86 Karook Street Cobram be refused on the following grounds:

1. That the Sewerage authority, Goulburn Valley Water has objected to the construction of a building over a sewerage easement which has assets within the easement, and,

2. In accordance with Section 148 of the Water Act, 1989 and Goulburn Valley Water’s policy, structures within one metre of an existing sewerage reticulation main will not be granted approval.


An application to Amend Planning Permit 5/2010/123 has been lodged to extend an existing industrial building to the rear boundary over a 2.0 metre wide easement for sewerage and drainage. The application was referred and an objection received from the sewerage authority being Goulburn Valley Region Water Corporation. The applicant has been given opportunities to modify or withdraw the application, however, no response has been received. It is recommended that the application be refused.


Planning Permit 5/2010/123 was issued 13 July 2010 for the purpose of Buildings and Works – Industrial Shed Extension to an existing building. Proposal The proposal is to further extend the building to the rear boundary, having dimensions of 4.9 X 12.2 metres. Application details Applicant: Maurice Millsteed Owner: Maurice Millsteed Property Address: 86 Karook Street, Cobram Title Details: Lot 4 PS 218231G File No: 5/2010/123 Zone: Industrial 1 Zone Overlays: Nil

Key Issues

Building over an easement

Objection from a referral authority





APPLICATION TO AMEND PLANNING PERMIT 5/2010/123 - INDUSTRIAL BUILDING EXTENSION - 86 KAROOK STREET COBRAM (cont’d)


Locality

Subject land

Subject land

Drainage and sewerage easement







Options

Approve the endorsement of the amended plan as part of the permit, would require the issue of a Notice of Decision to Grant an Amended Permit giving opportunity for the objector, Goulburn Valley Water, to appeal against Council’s decision.

Refuse the endorsement of the plan as part of the permit, would require the issue of a Notice of Refusal to Amend a Permit, giving opportunity for the applicant to appeal against Council’s decision.

Planning Scheme Provisions Zone Provisions The subject land is located in the Industrial 1 Zone. The purpose of the IN1Z is to provide for the manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities. Clause 33.01-4 requires a permit to construct a building or carry out works.

Overlay provisions There are no overlays applicable to the subject land.

The State Planning Policy Framework (SPPF)

This proposal is in line with SPPF 17.03-1, to ensure availability of land for industry and to facilitate the sustainable development and operation of industry and research and development activity.

The Local Planning Policy Framework (LPPF)- including the Municipal Strategic Statement (MSS) and local planning policies

The proposal is also consistent with the Council’s economic goal listed at Clause 21.05-2 of the MSS which includes the ongoing support for the further development of the industrial and tourism sectors in order to diversify the economic and employment base of the Shire.

Relevant Particular Provisions

A dedicated car parking area is located on the eastern side of the subject land. The number of car spaces required for the extension is 1 space (at 1.5 spaces per 100m2) in addition to the 9 spaces required for the existing development. It should be noted that the car parking area for the existing development on the land appears to be not in accordance with the approved plans, therefore could be a compliance issue.









4. Risk Management

If this amended plan is approved, Goulburn Valley Water (GVW) may appeal against Council’s decision and, in any case, GVW may not give consent to build over their easement, thus denying a Building Permit being issued.


The application was referred to Infrastructure Planning who has indicated that, as a general principle, no building should be constructed over a drainage easement other than structures like carports, garden shed, home gazebos and the like, therefore an industrial building is not supported. The application was referred to Goulburn Valley Region Water Corporation and in response the authority has objected to the granting of a permit on the basis that there are Corporation assets within the subject land that would be affected by the proposed structure.

6. Regional Context

There is no regional context associated with this proposal, given its scale and location.


It is considered that the proposed development is consistent with the development and environment strategies set out in the Council Plan.


The Planning and Environment Act 1987 and the Moira Planning Scheme set out the requirements for use and development of the land, including the requirements for public notice and referral.


The only relevant environmental matters associated with the proposed development would be drainage and landscaping. The existing planning permit already contains conditions addressing these matters.


There are no officer conflict of interest issues to consider with this report.

11. Conclusion The application to amend the endorsed plan to construct an extension to the existing industrial building over a drainage and sewerage easement is not considered appropriate, given an objection has been received from the sewerage authority being that the extension would be in breach of Section 148 of the Water Act 1989. The applicant was given opportunity to amend or withdraw the application but has chosen not to respond. In real terms, there is only one course of action that Council is able to follow, to refuse the application.







Attachments

1 Site Plan - proposed extension






ATTACHMENT No [1] - Site Plan - proposed extension





ITEM NO: 9.2.5 (TOWN PLANNER, MELISSA LOTITO) (GENERAL MANAGER INFRASTRUCTURE, ANDREW CLOSE)

PLANNING PERMIT APPLICATION FOR THE USE AND DEVELOPMENT OF LAND AT 40 LYNCH STREET YARRAWONGA FOR A STUDENT ACCOMMODATION


RECOMMENDATION

That Council approve the issue of a Notice of Decision to Grant a Permit No. 52014968 for the use and development of the land at 40 Lynch Street, Yarrawonga for a student accommodation, subject to the following conditions:

1. Before the use and/or development start(s), amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show 8 car parking spaces on the site, based on a rate of 1 space for each bedroom.

2. The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3. Before the use begins and/or the building is occupied all stormwater and surface water discharging from the site, buildings and works must be retained on site or conveyed to the legal point of discharge by underground pipe drains to the satisfaction of the Responsible Authority. No effluent or polluted water of any type may be allowed to enter the Council’s stormwater drainage system.

4. Before the use begins and/or the building is occupied no fewer than four (8) car

spaces must be provided on the land for the use and development including one (1) space clearly marked for use by persons with disabilities.

5. All car parking spaces must be designed to allow vehicles to drive forwards both

when entering and leaving the property.

6. Before the use or occupation of the development starts, the area(s) set-aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:

(a) constructed; (b) properly formed to such levels that they can be used in accordance with the plans; (c) surfaced with an all-weather-seal coat; (d) drained; (e) line marked to indicate each car space and all access lanes; to the satisfaction of the Responsible Authority.

Car spaces, access lanes and driveways must be kept available for these purposes at all times.

7. Before the use begins and/or the building is occupied bicycle parking/storage must be provided on the land for the use and development or on the adjacent Yarrawonga District Health Services land.

8. Before the use/occupation of the development starts or by such later date as is approved by the Responsible Authority in writing, the landscaping works shown on the endorsed plans must be carried out, completed and thereafter maintained to the satisfaction of the Responsible Authority.





PLANNING PERMIT APPLICATION FOR THE USE AND DEVELOPMENT OF LAND AT 40 LYNCH STREET YARRAWONGA FOR A STUDENT ACCOMMODATION (cont’d)


9. Before the use begins and/or the building is occupied a vehicular crossing shall be

constructed generally in accordance with the Infrastructure Design Manual to the satisfaction of the Responsible Authority, and shall comply with the following:

a) standard vehicular crossings shall be constructed at right angles to the road to suit the proposed driveways, and any existing redundant crossing shall be removed and replaced with concrete (kerb and channel);

b) any proposed vehicular crossing shall have satisfactory clearance to any side-entry pit, power or Telecommunications pole, manhole cover or marker, or street tree. Any relocation, alteration or replacement required shall be in accordance with the requirements of the relevant Authority and shall be at the applicant’s expense.

10. This permit will expire if one of the following circumstances applies:

(a) The development and use is/are not started within two years of the date of this permit.

(b) The development is not completed within two years of the date of commencement.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started; and within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expires.


The proposal is for the use and development of land for a Student Accommodation. The subject land is located in a residential street that also contains the Yarrawonga Hospital. Adjacent to the subject land to the north is the Yarrawonga Clinical Education Centre and the supporting residential accommodation. The adjacent land to the east and west are residential lots containing existing dwellings. A planning permit is required to use land for a Student Accommodation under the General Residential Zone provisions. A planning permit is also required for buildings and works. The proposed building is a compact, double storey dwelling that will be setback approximately 35 metres from the front boundary. The development meets all requirements for site layout, building massing and amenity impacts under Clause 55 of the Moira Planning Scheme. The Student Accommodation will contain a total of eight bedrooms, four bathrooms, communal living area and kitchen and an outdoor area. It will house nursing students undergoing training at Yarrawonga Health Services across the road to the west.







The applicant has indicated that a 25% occupancy rate is predicted on average, based on their current facility operating on Lynch Street. The application was advertised to adjoining landowners and a site notice was placed on site. During the advertising period Council received one objection from an adjoining landowner to the south. Mediation took place between Council, the applicant and the objector. A number of changes were made by the applicant to address the concerns of the objector. The amended plans were submitted to Council and sent to the objector however negotiations between the two parties were unsuccessful and the objector did not wish to withdraw their objection. The proposed Student Accommodation accords with the purpose of the decision guidelines of the General Residential Zone. Furthermore, it accords with local policies and relevant particular provisions of the Moira Planning Scheme. It is considered that the proposed use and development will not have a negative impact upon the amenity of the local area. It is recommended that the application be approved subject to conditions.


Application Details Applicant: John Guthrie from Jovaras Westland Partnership Owner: Yarrawonga District Health Service (YDHS) Land Address: 40 Lynch Street, Yarrawonga Title Details: Lot 1 on TP 173697 Site Area: Approximately 1031.2 m² File No: 52014968 Zone: General Residential Zone Overlays: Nil Key Issues

State Planning Policy

Local Planning Policy

General Residential Zone

Amenity The subject land is located in Yarrawonga in a residential area with Public Use Zones to the north west. The Yarrawonga Health complex is located directly north-west of the subject lot. It is mainly an established residential area consisting largely of single storey dwellings. The adjacent north lot contains the existing Yarrawonga Clinical Education Centre and its associated residential accommodation. The remaining adjacent lots to the south and east consist of residential lots of similar sizes with existing dwellings. The subject lot is approximately 1031.2 m². A dwelling and an ancillary domestic shed have been demolished, hence it is now vacant.







This application is for the use and development of a Student Accommodation and for the buildings and works associated with this use. The Moira Planning Scheme does not contain a definition for Student Accommodation. It would be best described within the meaning of a Residential Building, defined as:







“Land used to accommodate persons, but does not include camping and caravan park, corrective institution, dependent person's unit, dwelling, group accommodation, host farm, residential village or retirement village.”

Further, a Residential Building is included in the broader definition of Accommodation. In the Moira Planning Scheme, Accommodation is listed as a “Section 2 – Permit Required” use within the General Residential Zone (GRZ).







Proposal The proposal consists of a two storey development that will house visiting nursing students undergoing vocational training at the Yarrawonga District Health Service. Plans submitted with the application detailed the following: Ground Floor

1 communal living area

1 communal kitchen

Undercover outdoor patio

1 laundry

2 bedrooms

1 bathroom Level 1

6 bedrooms

3 bathrooms The plans have indicated that externally there will be a car parking area along the west of the subject lot with a single car entry point from Lynch Street. Three standard parking spaces and one disabled parking space are proposed. The applicant has not specifically indicated the number of students to be accommodated but have predicted a 25% occupancy rate on average based on their current rural clinic facility. Based on the plans provided, each of the eight bedrooms could occupy at least one person. The number of car parking spaces required for a Student Accommodation is not specified in the Scheme. Under Clause 52.06-5A of the Planning Scheme, where a use of land is not specified, car parking spaces must be provided to the satisfaction of the responsible authority. The closest use to a Student Accommodation with parking requirements listed in the Scheme is a Motel. A Motel requires one parking space per room and two parking bays to each 100sqm service floor area not used by guests. It is considered that one parking space per bedroom, along with bicycle parking, will be sufficient to accommodate the use. Options Council has the option to defer its decision for further assessment, issue a notice of refusal or issue a planning permit.









4. Risk Management

If Council decides to grant a permit and conditions are not fulfilled, it will become a compliance issue.


Pre-Lodgement Consultation A pre-application meeting was not held with a Council planning officer. The subject application was lodged in full on 11th December 2014. Internal Consultation The application was referred to the Shire’s Environmental Health, Infrastructure Planning and Building Departments. The Environmental Health Department have indicated that the Student Accommodation will need to be registered in accordance with Public Health and Wellbeing Act 2008 & Regulations 2009. The Infrastructure Planning Department have recommended that, adequate on-site parking be provided, the existing crossover be replaced and ensure drainage is conveyed to the satisfaction of the responsible authority. The Building Department did not provide any recommendations. External Consultation The application was referred to North East Water. The authority did not provide any recommendations and indicated they do not object to the granting of a permit. Public Consultation Public Notice of the application was given under Section 52 of the Planning and Environment Act 1987. Letters were sent to adjoining landowners and a notice was placed on the site. An objection was received on the 23rd January 2015 from a landowner of Orr Street. The objection raised concerns regarding privacy, overlook and proposed height. The main concern was the two second storey opening windows on the south wall that would allow views onto the private open space of the adjoining property (see attached plan). Further, the east wall windows were of the same concern. The objection also indicated that the height of the development does not keep with the surrounding streetscape. The objector was also concerned with the ‘future build area’ that is noted on the site plan. This area does not form part of the current planning permit application and therefore has not been assessed accordingly. Furthermore, the amended site plan no longer includes that notation. On the 27th January 2015, the objector raised concerns regarding the accuracy of the site plan submitted with the application. Their dwelling located on the adjacent property to the south along Orr Street was not depicted. The site plan and shadow diagram were amended to more closely reflect the site conditions to the south. These new plans were sent to Council on 10th February 2015 (see attachment). The applicant was advised, on 28th January 2015, that one objection had been received. On the 6th February 2015, the applicant was provided with a copy of the objection and asked to provide a detailed response.







A response was received on the 10th February 2015. The applicant provided a cover letter and amended drawings (see attachment) addressing the main objection relating to overlooking onto private space. The response also mentioned that the applicant believed that the rest of the application complied with planning regulations. The amendments received included:

Raising window sill level in the south facing bedrooms by 150mm

Awning windows hinged at top (top panel opening)

Introduction of translucent glazing on the lower half of the south facing windows The response and amended plans submitted by the applicant were sent to the objector on 11th February 2015. The objector sent further queries on 23rd February 2015 regarding the type of opening of the new windows and the measurements of the floor to sill heights and the floor to window heights. The applicant responded on the 24th February 2015 and this was forwarded to the objector on the 25th February 2015 highlighting the responses she requested. The amendments made to the application were discussed with the objector on the 5th March 2015; however, the objector still felt that the proposed development was affecting their privacy. On 6th March 2015 the objector sent back an objector response form indicating that they did not wish to withdraw their objection.

6. Regional Context

There is no regional context associated with this proposal, given its scale and location.


It is considered that the proposed development is consistent with the following strategies set out in the Council Plan: Community - Moira will be a Shire where all its people and communities are happy, healthy and safe with the ability and the opportunity to integrate, participate, connect and contribute to their communities. The proposed Student Accommodation contributes and integrates well into the existing uses along Lynch Street with educational facilities and associated student accommodation. The accommodation will give nursing students the ability and opportunity to live within the town of Yarrawonga and participate within the local community. It is considered that the proposed use and development will be consistent with the above strategy.


Zoning The subject land is located in the General Residential Zone (GRZ). The purpose of the GRZ, amongst others, is:

To encourage development that respects the neighbourhood character of the area. It is considered that the proposed application is consistent with the purpose of the General Residential Zone.







Clause 32.08-1 of the Moira Planning Scheme indicates that the use of land in the GRZ for Accommodation (which includes Student Accommodation) is a Section 2 Use and thus requires a permit. Clause 32.08-6 of the Scheme indicates that buildings and works associated with a Section 2 Use also triggers a planning permit requirement. Clause 32.08-10 of the Scheme sets out Decision Guidelines for developments within the GRZ. The key guidelines for considering this application are:

Whether the use or development is compatible with residential use.

Whether the use generally serves local community needs.

The scale and intensity of the use and development.

The design, height, setback and appearance of the proposed buildings and works.

The proposed landscaping.

The provision of car and bicycle parking and associated accessways.

Any proposed loading and refuse collection facilities.

The safety, efficiency and amenity effects of traffic to be generated by the proposal. It is considered that the proposed development accords with the Decision Guidelines. The use and development is consistent with the existing residential uses, provides for local community needs, the design is contemporary and materials are in keeping with existing buildings, the height and setback comply with scheme requirements, landscaping will be provided, and that car parking can be achieved on the site to a satisfactory level. Bicycle parking could be achieved on adjoining YDHS land. There will be a relatively low level of traffic generated from the site which should not impact on the local area that would give rise to any safety, efficiency or amenity effects. Overlays There are no overlays affecting the subject lot. State Planning Policies There are no specific State planning policies relating to this type of use or relevant planning issues surrounding this proposal. Local Planning Policy and Municipal Strategic Statement Clause 21.04-4 of the Moira Shire Planning Scheme sets out the Shire’s Settlement Strategies. In general it indicates that the Shire should:

Require new development to relate to the physical context within which it sits in regard to siting, height, bulk, materials and general context

It is considered that the proposed Student Accommodation accords with this policy. Relevant Particular Provisions Clause 52.06 of the Moira Planning Scheme sets out Car Parking requirements for particular uses. However, there is no specific requirement for a Student Accommodation. Clause 52.06-5A states that:

“Where a use of land is not specified in Table 1 or where a car parking requirement is not specified for the use in another provision of the planning scheme or in a schedule to the Parking Overlay, before a new use commences or the floor area or







site area of an existing use is increased, car parking spaces must be provided to the satisfaction of the responsible authority.”

It is considered that the proposed car parking spaces of three standard and one disabled, are satisfactory (at a rate of one car parking space per two bedrooms). The adjoining lot to the north consists of the Yarrawonga Clinical Education Centre and supporting residential accommodation. The applicant has indicated that Yarrawonga District Health have agreed to allow parking to extend across the lot boundary, if required. Additionally, bus transport is available from Lynch Street and the main street (Belmore Street) is within easy walking/biking distance. Clause 55 of the Moira Planning Scheme sets out requirements for Two or More Dwellings on a Lot and Residential Buildings. The provisions of this clause apply to applications to construct or extend a residential building. The purpose of this clause, among others, is:

To achieve residential development that respects the existing neighbourhood character or which contributes to a preferred neighbourhood character To encourage residential development that provides reasonable standards of amenity for existing and new residents

A development must meet all of the objectives of this clause and should meet all of the standards of this clause; it must also be accompanied by a neighbourhood and site description and a design response, this was provided with the application. The development meets the objectives and standards as set out in Clause 55. The decision guidelines of Clause 65 Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate:

The matters set out in Section 60 of the Act.

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

The purpose of the zone, overlay or other provision.

Any matter required to be considered in the zone, overlay or other provision.

The orderly planning of the area.

The effect on the amenity of the area.

The proximity of the land to any public land.

Factors likely to cause or contribute to land degradation, salinity or reduce water quality.

Whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site.

The extent and character of native vegetation and the likelihood of its destruction.

Whether native vegetation is to be or can be protected, planted or allowed to regenerate.

The degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.







All of the matters set out in Clause 65 above have been considered. It is considered that the proposed use and development accords with the purpose of the GRZ and other policies and provisions. The development is in the interest of the orderly planning of the area and the amenity of the area will not be negatively affected. Furthermore, the proposed use and development accords with Clause 65.


It is considered that the proposed use and development will not negatively impact upon the environment.


There are no conflict of interest issues.

11. Conclusion

The subject lot for the proposed development is located within the General Residential Zone. This zone requires a planning permit for the use of a Student Accommodation, as well as, the buildings and works associated with this Section 2 use. The development will be set back from the street and will use red brick and wall cladding materials that are consistent with existing structures in the area. It is concluded that the development accords with the purpose of the General Residential Zone. Furthermore, the objectives and standards of Clause 55 for the requirements for Two or More Dwellings on a Lot and Residential Buildings have been met. A satisfactory level of car parking must be achieved for the proposed development, therefore additional car parking will be required to that shown on the plans submitted with the application. It is concluded that the proposed development will not have a negative impact upon the amenity of the local area and will not give rise to any traffic related issues. The Student Accommodation accords with the purpose of the zone, local policies and relevant planning scheme provisions.

Attachments

1 Amended Mediated Plan 2 Proposed Development Plans 3 Mediation Correspondence






ATTACHMENT No [1] - Amended Mediated Plan







ATTACHMENT No [2] - Proposed Development Plans







ATTACHMENT No [3] - Mediation Correspondence





ITEM NO: 9.2.6 (MANAGER CONSTRUCTION AND ASSETS, GRAHAM HENDERSON) (GENERAL MANAGER INFRASTRUCTURE, ANDREW CLOSE)

PROPOSAL TO DISCONTINUE HAMILTON LANE COBRAM


RECOMMENDATION

That Council:

Exercise its powers under the Schedule 10 Clause 3 of the Local Government Act to discontinue Hamilton Lane by a notice published in the Government Gazette, subject to the provision of easements to protect Council’s drainage assets and overland drainage paths; and the land be transferred to the Crown.


At Council’s meeting of 23 February 2015, Council resolved to commence the process to discontinue Hamilton Lane in Cobram and accordingly undertake the required consultation process under Section 223 of the Local Government Act. As part of the consultation process, public notices were advertised on the Council’s Website and in the local newspapers commencing on 10 March 2015 inviting the public to make a submission on the proposed road discontinuation under Section 223 of the Act. The period for the public to make a submission was open until 10th April 2015. At the time of the closing date for receiving submissions from the public, no submissions had been received. It is therefore recommended that Council proceed with the discontinuation of Hamilton Lane by a notice published in the Government Gazette in accordance with Schedule 10 Clause 3 of the Local Government Act.


At its meeting on 23 February 2015, Council resolved as follows: That Council: “Resolve to commence the process to discontinue Hamilton Lane, and accordingly undertake the required a consultation process under Section 223 of the Local Government Act.” The Local Government Act 1989 specifically requires Council to undertake the Section 223 right to make a submissions process for road discontinuances. As part of the Section 223 process Council hear submissions at a meeting of Council or a committee determined by the Council. Council must also fix the day, time and place of the meeting and give reasonable notice of this to each person who has requested to be heard. Council further resolved at its meeting on 23 March 2015, “That Council:





PROPOSAL TO DISCONTINUE HAMILTON LANE COBRAM (cont’d)


1. appoint a Committee of the Council, comprising Councillor Cox and Councillor Cleveland and the General Manager Infrastructure to consider submissions and hear any person who wishes to be heard in support of their submission on the proposed discontinuance of Hamilton Lane, Cobram, and, 2. the Committee will hear submissions on a date, time and place as set by the Chief Executive Officer.”


The road pavement is currently valued as a Council asset, discontinuing the road will see this asset removed from Council’s asset register. Hamilton Lane is a government road and should Council resolve to discontinue it, the land will revert back to Crown land and Murray Goulburn will be able to enter into discussions with the relevant State department to purchase the land. The land will be encumbered with the easements to secure Council’s and other service authorities access to their assets. Council will derive no income from the sale of the land given it will revert to Crown land once the road is discontinued.

4. Risk Management

The discontinuance of Hamilton Lane will see this segment of road removed from Council’s Register of Public Roads and from Council’s responsibility to inspect and maintain. Council owned assets such as drainage assets will be encumbered with easements to secure Council’s right of access to maintain these assets.


Community consultation was sought on the proposal to discontinue Hamilton Lane, Cobram under Section 223 of the Local Government Act 1989 by advertising through public notices in local newspapers and on Council’s website for a minimum period of 28 days. The public notice was advertised in: Council Website 10 March 2015 Cobram Courier edition of 18 March 2015 and 1 April 2015 Numurkah Leader 1 April 2015 Yarrawonga Chronicle 1 April 2015 Closing date for receiving written submissions was 10 April 2015. No submissions from the public had been received by the closing date.

6. Regional Context

The redevelopment of the Murray Goulburn facility in Cobram is a significant investment within the region. The closure of Hamilton Lane will assist in this redevelopment.





PROPOSAL TO DISCONTINUE HAMILTON LANE COBRAM (cont’d)



The proposal under consideration in the report supports Council Plan Strategy 3.8 – Investment Attraction.


Section 10 Clause 3 of the Local Government Act 1989 (the Act) outlines Council’s power to discontinue roads by a notice published in the Government Gazette. Section 207A of the Act states that when exercising a power under Section 10 Clause 3, a person may make a submission under Section 223 of the Act. Section 223 of the Act outlines a process whereby Council is required to publish a notice of its intention to exercise its power under Section 10 Clause 3 and persons are given the right to make a submission concerning the matter. The period for receiving submissions is not to be less than 28 days from when the notice is published.


There are no environmental implications associated with Council resolving to commence the process to discontinue Hamilton Lane.



11. Conclusion

No written submissions of objections had been received from the public following the public consultation period to Council’s proposal to discontinue Hamilton Lane It is therefore recommended that Council proceed with the discontinuation of Hamilton Lane by a notice published in the Government Gazette in accordance with Schedule 10 Clause 3 of the Local Government Act, subject to the provision of easements to protect Council’s drainage assets and overland flow path, and that the land be transferred to the Crown.

Attachments

Nil

CORPORATE OFFICER REPORTS FOR INFORMATION AND DECISION



ITEM NO: 10.1.1 (GOVERNANCE RECORDS OFFICER, MARGARET HINCK) (GENERAL MANAGER - CORPORATE, LEANNE MULCAHY)

ASSEMBLIES OF COUNCILLORS


RECOMMENDATION

That Council receive and note the attached Records of Assembly of Councillors.


The records of the Assembly of Councillors reported during the month of February and March 2015 are attached to this report.

Inclusion of the attached records of Assembly of Councillors in the Council agenda, and incorporation into the Minutes ensures Council meets its statutory obligations under section 80A of the Local Government Act 1989 (the Act).


An Assembly of Councillors is defined under Division 1A – Conduct and interests in section 76AA of the Act:

assembly of Councillors (however titled) means a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be -

(a) the subject of a decision of the Council; or

(b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee—

but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section 139, a club, association, peak body, political party or other organisation.

Section 80A of the Act requires the Chief Executive Officer to ensure that a written record of an assembly of Councillors is reported to an ordinary meeting of the Council as soon as practicable. The written record must include whether a Councillor who has disclosed a conflict of interest leaves the assembly.

Section 80A(1) requires that a record is kept of:

(a) the names of all Councillors and members of Council staff attending;

(b) the matters considered;

(c) any conflict of interest disclosures made by a Councillor attending under subsection (3); and

(d) whether a Councillor who has disclosed a conflict of interest as required by subsection (3) leaves the assembly.


There are no financial implications with this report.





ASSEMBLIES OF COUNCILLORS (cont’d)


4. Risk Management

There are no risk implications with this report.


The community are able to access written records of assemblies of Councillors.

6. Regional Context

There are no regional contexts associated with this report.

7. Council Plan Strategy`

Ensuring Good Governance to meet legislative obligations


This report complies with the requirements under the Local Government Act 1989.


There are no environmental impacts with this report.


There are no council officer conflict of interest issues to consider within this report.

11. Conclusion

The Assembly of Councillors records attached to this report are a true and accurate record of all assemblies of Councillors reported during February and March 2015. Their recording into the Council Minutes ensures Council meets its statutory obligations under section 80A of the Act.

Attachments

1 Attachment 12 2 Attachment 2 3 Attachment 10 4 Attachment 12 5 Attachment 16 6 Attachment 17 7 Attachment 23 8 Attachment 30






ATTACHMENT No [1] - Attachment 12


ACTION OFFICERS LIST



ITEM NO: 11.1 (PERSONAL ASSISTANT TO CEO, ROBYN BONADDIO) (GENERAL MANAGER - CORPORATE, LEANNE MULCAHY)



RECOMMENDATION

That Council receive and note the Action Officers List.

Attachments

1 Action Officer's List - April 2015





ACTION OFFICERS LIST (cont’d)

ATTACHMENT No [1] - Action Officer's List - April 2015


NOTICES OF MOTION


FILE NO: D15/15608 5. INFRASTRUCTURE

ITEM NO: 12.1 (EXECUTIVE SUPPORT OFFICER, MAYOR AND COUNCILLORS, BOBBY BROOK) (CHIEF EXECUTIVE OFFICER, MARK HENDERSON)

NOTICE OF MOTION - CR MANSFIELD


TAKE NOTICE that at the Council Meeting to be held on 27 April 2015, it is my intention to move the following motion:

That:

Council investigate proceedings to dispose of the Cobram Caravan Park. The proceeds of which to go towards any shortfall of the Cobram Library Project and to reduce debt.

Cr Peter Mansfield Date: 27 April 2015

GENERAL BUSINESS ORDINARY COUNCIL MEETING MONDAY, 27 APRIL 2015

FILE NO: VARIOUS

ITEM NO: 15

GENERAL BUSINESS


Clause 62 of Council’s “Meeting Procedures Local Law 2007 (No 1 of 2007) states:

62. Urgent or general business

1. Business which has not been listed on a meeting agenda may only be raised as urgent or general business if the majority of Councillors are present and it is agreed to by a resolution of the Council.

2. Notwithstanding sub-clause (1), if all Councillors are not present, the Chairperson may rule the matter is of urgency and accept an urgency motion to deal with the business which has not been listed on the meeting agenda.

3. An urgency motion can be moved without notice.

4. Only the mover of an urgency motion may speak to the motion before it is put

QUESTIONS FROM THE PUBLIC GALLERY ORDINARY COUNCIL MEETING MONDAY, 27 APRIL 2015

FILE NO: VARIOUS

ITEM NO: 16

QUESTIONS FROM THE PUBLIC GALLERY


Clause 63 of Council’s “Meeting Procedures Local Law 2007 (No. 1 of 2007) states: 63. Question Time

1. At every ordinary meeting of the Council a maximum of 30 minutes may be allocated to enable members of the public to submit questions to Council.

2. The time allocated may be extended by unanimous resolution of Council.

3. Sub-clause (1) does not apply during any period when the Council has resolved to close a meeting in respect of a matter under section 89 (2) of the Act.

4. To assist the accurate recording of minutes and addressing any questions that may require written response or follow up, the Chief Executive Officer may require questions to be submitted in writing on a form approved or permitted by Council.

No person may submit more than two (2) questions at any one (1) meeting.

The Chairperson or member of Council staff nominated by the Chairperson may read a question to those present.

No question must be so read unless: (a) the person asking the same is in the gallery at the time it is due to be read;

and (b) the person asking the question reads the same when called upon by the

Chairperson to do so.

A question may be disallowed by the Chairperson if it: (a) relates to a matter outside the duties, functions and powers of Council; (b) is defamatory, indecent, abusive, offensive, irrelevant, trivial or objectionable in

language or substance; (c) deals with a subject matter already answered; (d) is aimed at embarrassing a Councillor or a member of Council staff; (e) relates to personnel matters; (f) relates to the personal hardship of any resident or ratepayer; (g) relates to industrial matters; (h) relates to contractual matters; (i) relates to proposed developments; (j) relates to legal advice; (k) relates to matters affecting the security of Council property; or (l) relates to any other matter which Council considers would prejudice Council or any

person.

All questions and answers must be as brief as possible, and no discussion may be allowed other than for the purposes of clarification.

The Chairperson may request a Councillor or member of Council staff to respond, if possible, to the question.

A Councillor or member of Council staff may require a question to be put on notice until the next Ordinary meeting, at which time the question must be answered, or elect to submit a written answer to the person asking the question.

A Councillor or member of Council staff may advise Council that it is his or her opinion that the reply to a question should be given in a meeting closed to members of the public . The Councillor or member of Council staff must state briefly the reason why to reply should be so given and, unless Council resolves to the contrary the reply to such question must be so given.

MEETING ADJOURNMENT ORDINARY COUNCIL MEETING MONDAY, 27 APRIL 2015

FILE NO: VARIOUS

ITEM NO: 17

MEETING ADJOURNMENT


RECOMMENDATION

That the meeting be adjourned for 10 minutes.

RECOMMENDATION

That the meeting be resumed.

RECOMMENDATION

That pursuant to Sections 89(2) (b) (d) and (h) of the Local Government Act, 1989, this meeting of Council be closed to members of the public in order for Council to discuss personnel and contractual matters which the Council considers would prejudice the Council or any person.

RECOMMENDATION

That pursuant to Section 89(2) of the Local Government Act 1989, Council resolve to resume the Ordinary meeting.

RECOMMENDATION

That the recommendations of the closed meeting of Council be adopted and the tenders awarded be recorded in the minutes of the open section of the meeting.